The present mess in respect of the elections to the post of Chairperson and Vice-Chairperson of Municipal Councils exposes a sad scenario where the BJP government has thrown propriety to the winds. Nowhere in India, the elections to these posts are held by show of hands. Even in Goa, the elections to these posts have been held by secret ballot for over two decades. The claim that the law and procedure on this issue is not clear cannot be accepted as the procedure stands established by the long-standing conventions already followed and adopted.
It is now open that the government wants to replace the established progressive procedure of the secret ballot by a retrograde process of 'show of hands'. This is being done to ensure the full proof guarantee to facilitate the election of an individual councilor of the Margao Municipal Council to the detriment of giving a level playing field to other contestants. Despite 15 councillors out of 25 swearing allegiance to the BJP candidate for the post of Chairperson before the Chief Minister and the turncoat Margao MLA Digambar Kamat, there is an air of suspicion and mistrust. Their political bosses through the conduct have demonstrated that an oath before deities in full public gaze can be defied. Hence, this is a dictatorial attempt to ensure voting under supervision of political bosses.
Such a step of the government lays nude that the State suffers from a disorder attempting to derive pleasure through the abuse of power and perverse executive decisions. To satisfy the ego of an individual and to benefit defined individual, the entire government machinery is turning wicked and obstinate.
Trickery before High Court
A week before, precisely on September 28, the Advocate General ostensibly pointed before the Goa High Court that the government of Goa will conduct the elections to the post of Chairperson of the Margao Municipal Council by secret ballot making a mention that the convention is already in practice. The Court observed that Rule 7 of the Goa Municipalities (Chairperson and Vice-Chairperson Elections) Rules 1969 is quite clear. The Court further noted that considering the rule, there can be no serious apprehension that the forthcoming elections will not be held in accord with the rules. The Court dismissed the petition of Ghanshyam Prabhu Shirodkar as no relief can be provided based on the apprehension based on a newspaper report.
Now, the Chief Minister Pramod Sawant is on record stating that the law in respect of elections to the posts of Chairperson and Vice-Chairperson of Municipal Councils will be changed to replace the existing practice of secret ballot by show of hands. This is nothing but misleading the High Court. In plain words such acts come under the umbrella of cheating and trickery.
This reminds me of the penchant of Manohar Parrikar, former Goa Chief Minister with laws. Making an ass of the law and invalidating higher judiciary orders through ordinances was something Parrikar used to relish. There is no harm in resorting to amendments to laws if the end objective is to extend democracy and freedom. Ordinances to serve progressive interests of groups and communities are always welcome but never to satisfy undemocratic egos of defined individuals. The costs of defection of the Margao MLA to the BJP are turning out to be heavy and intolerable for basic and established practices in Municipal Councils of Goa.
Malafide and wicked
Any ordinance to subvert the rule of secret ballot in elections to the Chairpersons and Vice-Chairpersons of Municipal Councils would definitely be a ‘malafide’ exercise of the power to promulgate ordinances. The intentions and objectives of such an ordinance are perverse and negative for free and democratic choice. The Governor as a guardian of law and the constitution should refuse to provide assent to any ordinance or legislative enactment which destroys established democratic conventions. It is expected that the Governor will refrain from being a confirming party to such dirty political games. The Governor should realize that this ordinance is moved to benefit or eject individuals and hence capricious and impermissible.
