A bench of Justices MS Sonak and RN Laddha noted that it was the fourth instance in the last two decades when the State Government and the State Election Commission (SEC) have failed to comply with the constitutional mandate under Article 243E to hold Panchayat elections.
“This is the fourth instance in the last two decades when the State Government and the SEC have avoided or failed to comply with the constitutional mandate in Article 243E. The delay and consequent defiance of the constitutional mandate have become a regular feature,” the judgment said.
The attempt, the Court said, is to bring about a situation of fait accompli, emboldened by the fact that not even the most powerful court can turn the clock back or recoup the lost time.
“There are no reported instances of any action against those responsible for the defiant breaches of the constitutional mandate. In most instances, the SEC would meekly toe the line of the State Government and plead helplessness,” the Bench observed.
In view of the above, quashed the decision of State of Goa to postpone elections to 186 panchayats in the State and directed the Pramod Sawant government to ensure that the elections are held and completed within 45 days.
The Court further directed the State government to issue a notification under the Election Procedure Rules within 3 days, fixing a date for holding elections to the panchayats, whose terms had expired or are due to expire shortly.
The Bench clarified that the State government shall confer with the State Election Commission to come up with a date for holding elections.
“The State Government and the SEC must ensure that the elections are held and completed no later than 45 days from today,” the Bench ruled.
Source: Barandbench
