On Friday, the Supreme Court stated that in a democracy, the Election Commission’s independence cannot be jeopardized, giving a government officer the extra duties of a State Election Commission is a mockery of the democracy, the apex court said. The Goa government was also directed to name an independent election commissioner. The state government had assigned the state’s Law Secretary the added responsibility of State Election Commissioner.
The Supreme Court has ordered all state election commissioners who already have extra responsibilities to resign immediately, specifying that no government official or bureaucrat should be named as an Election Commissioner.
The Goa government was appealing a Bombay High Court order that had issued a stay on such municipal election notices issued by the Goa State Election Commission. A bench of Justices Rohinton Fali Nariman, B R Gavai, and Hrishikesh Roy was hearing the case.
Justice Nariman also said that it is a worrying feature that a government official was given control of the Election Commission in Goa while still employed by the government. A government administrator tried to overturn the high court’s order to hold panchayat elections in Goa.
The state government shall inform reservations for the municipalities of Mormugao, Margao, Mapusa, Quepem, and Sanguem within the next 10 days, according to the supreme court, which affirmed the High Court’s order. It also gave the State Election Commission until April 30 to complete the election process.
On March 1, the Goa High Court set aside a notification released by the Urban Development Ministry that had halted elections in the municipal councils of Margao, Mormugao, Mapusa, Sanguem, and Quepem.
On March 20, elections to 11 municipal bodies in Goa are expected to take place, with at least 2.5 lakh voters qualified to vote.
Last week, however, the Supreme Court stayed the judgement of the High Court’s Goa bench, which had set aside the state Urban Development ministry’s notification on ward reservation in five municipal councils.
Reacting to the verdict, Opposition leader Vijai Sardesai tweeted: “The highest court of the land has crushed Pramod Sawant’s blatant attempt to violate our Constitution and derail Democracy; he’s brought disgrace not only to Goa but also to his own leader Narendra Modi who had bowed before the Constitution before taking office in 2019. The pat on the back Pramod Sawant expected has come as a slap on the face… It’s no more about resigning as Goa CM, he has no moral right to remain in public life.”
