SC refuses to interfere with HC order on holding Panchayat polls in Goa

The Supreme Court Wednesday refused to interfere with the Bombay High Court order which directed the issuance of a notification for holding of elections to 186 Panchayats in Goa and also to ensure completion of polls within 45 daysThe apex court passed the order while hearing a plea filed by the state of Goa which sought an extension of time till September end to complete the process of pollsWhile dismissing the plea a vacation bench of Justices Dinesh Maheshwari and Krishna Murari noted that in compliance with the high court order of June 28 the notification for election has already been issued on June 30That being the position we find no reason to interfere in the process of election the bench saidThe counsel appearing for Goa told the bench that the state is requesting only a monthandahalf and everything would be completed by the end of SeptemberThe counsel argued that the term of Panchayat got over on June 18 which is in the middle of the monsoon and the high court had directed to notify election immediately and complete it within 45 daysAlso Read Bombay High Court upholds life sentence of man accused of killing girlfriend attempt to kill selfHe said the Budget session is in July and even relief work like the construction of a road or financial grant for floods is prohibited the moment the model code of conduct comes into effectThe counsel while referring to the nature of rains and floods during the monsoon there said the state governments staff would be involved in these worksDuring the hearing the bench observed that the state would be very much willing to go ahead with the democratic processWe are more than eager to comply with the election process Give us time till the third week of September and we will complete the process the states counsel saidThe bench said in case of any difficulty it would be open for the state election commission SEC to move the high court for necessary directionsHowever in the interest of justice we deem it appropriate to observe that in case of any difficulty it would be open for the state election commission to approach the high court for necessary directions it saidIn its verdict the Goa bench of the high court noted that the term of 186 Panchayats in the state of Goa had ended on June 18 2022 and the Goa SEC had proposed to hold elections on May 29 June 4 June 11 June 15 and June 18However the SEC claims that no elections could be held for want of the state government issuing notification under Rule 101 of the Goa Panchayat and Zilla Panchayat Election Procedure Rules 1996 appointing the date for holding of the election The state government refutes this charge They say that the SEC is responsible for the failure Neither offers convincing reasons for the failure to observe the constitutional mandate the high court had notedIt had also noted in the verdict that the SEC maintains that it is eager and capable of completing the election process within 30 days from the state government notifying the date under rule 101 of the Election procedure rules1996The state government however insists that elections in monsoons are not conducive and they have consciously decided to postpone them to September 2022 it had notedThe high court had directed the state to issue a notification under Rule 10 of the Election Procedure Rules 1996 appointing the date for holding of elections to 186 Panchayats whose terms have expired or are due to expire shortly within three daysThe concerned officers of the state government must confer with the SEC and appoint the precise date for holding elections However the state government and the SEC must ensure that the elections are held and completed no later than 45 days from today it had saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever