On Wednesday, the Bombay High Court at Goa annulled an Election Commission of India (ECI) announcement made on March 16 regarding by-elections for the Ponda Assembly constituency in Goa, deeming it arbitrary and in violation of certain provisions of the Representation of the People’s Act. As a result of the court’s decision, the scheduled by-election has been canceled.
Both the Bharatiya Janata Party (BJP) and the Congress expressed their astonishment at the court’s ruling.
The vacancy in the Ponda Assembly seat arose following the death of former Chief Minister and Agriculture Minister Ravi Naik on October 15 of the previous year. The ECI had issued a notification for the by-election on March 15, which was subsequently published in the official Gazette the following day. Voting was originally set to take place on Thursday.
The court’s decision, delivered by a Division Bench comprising Justices Amit S. Jamsandekar and Valmiki Menezes, stated, “Given that the duration remaining for the elected representative to serve the 21-Ponda constituency in the Assembly is less than one year, the notification is arbitrary and contravenes clause (a) of the proviso to Section 151-A of the Representation of the People’s Act. Therefore, we quash the disputed notification dated March 16, 2026.”
Local residents Pritam Harmalkar and Ankita Kamat had filed petitions asserting that the ECI’s notification contradicted the provisions outlined in clause (a) of the proviso to Section 151-A of the Representation of the People Act, 1951. They argued that the term for the newly elected Member of the Legislative Assembly (MLA) would be less than one year, even when calculated from the election results.
Section 151A mandates that by-elections to fill legislative vacancies must occur within six months, but it specifies that this requirement does not apply if the remaining term of a member is under one year.
The petitioners contended that the ECI overlooked the fact that the incoming member would only have approximately ten months of service in the Legislative Assembly, given that the Assembly’s term concludes on March 14, 2027.
The court noted, “Based on the interpretation reached regarding the provisions of clause (a) of proviso to Section 151-A in the case of Sandeep Yashwantrao Sarode, and taking into account that the election results will be announced on May 4, 2026, we find that the remaining duration from this date until March 14, 2027, is approximately nine months. Thus, the notification dated March 16, 2026, is issued in violation of the restrictions under Clause (a) of proviso to Section 151-A.”
Sanjay Goel, the Chief Electoral Officer for Goa, informed reporters that preparations for the by-election were in place and that further instructions from the ECI were awaited.
Goa’s Chief Minister, Pramod Sawant, remarked that the High Court’s ruling regarding the Ponda Assembly by-election was “shocking.” He stated, “We are in communication with our central party leadership regarding this matter,” while also acknowledging the BJP’s acceptance of the court’s decision and their anticipation of a formal notification from the ECI.
Amit Patkar, the President of the Goa Congress, criticized the cancellation of the by-election, labeling it a “dark day for democracy.” He alleged a collusion between the BJP and the ECI, claiming, “When the BJP realized that the citizens of Ponda were inclined to vote for change and that the Congress was poised to win, they chose to evade the electoral challenge. It is no coincidence that the party fearing defeat is the one that sought the cancellation.”
Pavneet Singh Chadha serves as the Goa Correspondent for The Indian Express, providing in-depth coverage of the region’s political landscape, governance issues, and significant local events, demonstrating his expertise and authority in the area.
His work emphasizes geographic expertise, ensuring timely insights into Goa’s political, social, and cultural dynamics. Chadha’s recent reports showcase his investigative skills, focusing on high-impact stories, including complex incidents such as the Goa nightclub fire, tracking legal and political repercussions, and covering government actions and policies.
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