The Supreme Court on Wednesday rejected a plea by the Goa government against a Bombay High Court judgment, which quashed the state's decision to postpone elections to 186 panchayats, due to the monsoon season.
A bench of Justices Dinesh Maheshwari and Krishna Murari said it is not inclined to interfere with the high court order or the process of election.
“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. Subject to the observations foregoing, these Special Leave Petitions stand dismissed. Pending applications also stand disposed of,” the bench said.
During the hearing, senior advocate Neeraj Kishan Kaul, representing the state government, submitted that 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," he asked.
The bench, however, dismissed the plea.
In the order, the bench said, "We find no reason to consider interference in the order dated June 28, as passed by the High Court of Bombay at Goa."
The court also noted the High Court's order is also precisely in conformity with the requirements of Article 243-E of the Constitution and with the decision of this court in the case of Suresh Mahajan vs State of MP.
Further, the bench pointed out that the notification for the election has already been issued by the state government on June 30. The tenure of 186 village panchayats ended on June 18, this year.
The Goa government claimed the High Court's order was erroneous and as it would have to hold elections amidst rough weather, which included heavy rains and cyclones.
(Published 06 July 2022, 16:40 IST)
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