A vacation Bench of Justices Dinesh Maheshwari and Krishna Murari rejected the argument by the State that polls were postponed due to the ongoing monsoon season.
“We find no reason to interfere with High Court order or the process of elections. However, in interest of justice, the State Election Commission is free to move the High Court in view of any difficulty,” the top court directed.
The Counsel for the State said that there could be flash floods and other such natural disasters during the monsoon.
“Our problem is that while some would say monsoon is not a calamity, but our contention is it can lead to flash floods etc. Who will give the machinery for relief work amidst polls?” it was argued.
“You know that there will not be any calamity at that time?,” the Bench asked when the State said the poll process would be over by September, before rejecting the plea.
After the hearing was over, the Court, while hearing the next case, remarked that monsoon cannot be a ground to stall something in States like Goa and Meghalaya.
“Wanted to say this in the earlier matter. In beautiful States of Goa and Meghalaya, monsoon can never be a reason to stall travel or something there. They become even more beautiful in monsoon,” the Bench said.
The Bombay High Court had, on June 28, come down upon the Goa government for postponing elections, noting that such defiance to comply with Constitutional mandate to hold elections have become a regular feature.
A Bench of Justices MS Sonak and RN Laddha had 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 had said.
The attempt, the High Court had said, was 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.
It had, therefore, directed that elections be held within 45 days 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.
Source: Barandbench
