The High Court verdict to quash ward reservations in five municipal councils comes as a major setback to the State government and sets a sharp deterrent against the rampant use of quotas by the powers that be to leverage political equations in their favour. Justice has finally prevailed in the five municipal councils in which the yardstick applied by the Directorate of Municipal Administration was challenged.
The reservations in the municipalities of Margao, Mormugao, Mapusa, Quepem and Sanguem have been set aside and the state government directed to rework the reservation of these five municipalities within ten days and complete the election process by April 15. Ward reservations have historically sparked unrest among Opposition, and successive governments, whether BJP or Congress, have time and again used it to leverage political positions to gain an advantage mindful of the resentment and uproars that follow. The court has drawn the line this time, but it is to be seen whether the court ruling will act as a deterrent against such electoral manipulation in the future, or whether the old trend continues five years later.
Also, will the court observations knock sense in the State Election Commission which appears to have surrendered to the diktats of the government? The court pointed to the failure of the SEC to rectify the impugned order, rather than rush ahead with the announcement of the election schedule, and later express helplessness. In doing so, the SEC failed in its constitutional duty and acted as mere facilitators to the government. If the DMA acted partisan, the SEC by being an autonomous authority has failed in its fundamental function of administering the election process in all its fairness. It has overlooked a wrong and allowed it to be taken forward.
In a highly charged-up environment prevailing in the State, the government should have been wary of the fact that its decisions will face the minutest of scrutiny, both by the political class and the courts. There has to be a clearly defined methodology within the constitutional framework and more importantly, there has to be transparency. The late hurry in demarcating quotas gives rise to suspicion.
The government, by deciding to challenge the High Court verdict in the Supreme Court is not only making a desperate attempt to salvage itself from the embarrassment but is turning this into an ego-clash. Instead of trying to get even, the entire electoral process should have been recalled with reservations reworked in all eleven municipalities and the CCP.
The high-stakes Municipal election process has got off to a fiery start and the court ruling has set a benchmark. Strangely, political leaders and prospective candidates have to constantly knock on the doors of courts seeking justice. While an electoral battle runs parallel with a political one, and political parties and candidates slug it out, there’s one question that the SEC still needs to answer. Can it uphold the spirit of fair democracy and provide a level playing field to all players?
