PANAJI
The Supreme Court in Monday directed the Election Commission of India (ECI) to respond to a petition filed by Congress candidate Ketan Bhatikar challenging the order of the High Court of Bombay at Goa cancelling the Ponda Assembly by-election.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta observed that the interpretation of Section 151A of the Representation of the People Act, 1951, would be crucial in deciding the case; and posted the matter for final hearing on May 8.
Bhatikar, the Congress candidate for the Ponda Assembly seat, filed a Special Leave Petition challenging the High Court’s April 8 order which quashed the Election Commission of India’s notification for the by-election.
The HC had set aside the poll notification, holding that it violated provisions of the Representation of the People Act as less than one year remained for the term of the current Goa Legislative Assembly, which expires on March 14, 2027.
Two registered voters from the constituency had approached the High Court challenging the validity of the notification on the ground that less than one year of the Assembly’s term was left.
The HC accepted the contention, noting that since the result was scheduled to be declared on May 4, the winning candidate would have served only around nine months as an MLA.
