PANAJI
The High Court of Bombay at Goa has upheld the validity of the Goa Municipalities (Amendment) Ordinance, 2026, directing the State Election Commission to complete the poll process including declaration of results for 11 municipalities by January 4, 2027.
In its order on Tuesday, the Division Bench of Justice Valmiki Menezes and Justice Hiten Venegavkar rejected the challenge seeking invalidation of the ordinance, the alternative plea that it should not apply to the current electoral cycle and that the elections be conducted under the pre-amendment statutory framework.
“The challenge seeking invalidation of the Goa Municipalities (Amendment) Ordinance, 2026 is rejected,” the court said, holding that the ordinance would remain operative and govern the present general elections to the 11 municipal councils.
The Bench's 232-page order also rejected the challenge to the SEC's May 21 decision discontinuing the earlier delimitation exercise.
However, it clarified that factual and administrative material generated during the earlier process that can lawfully be utilised under the amended regime “may and shall, wherever practicable, be utilised”. The court has prescribed a series of deadlines for completing the delimitation and reservation process before the elections are held. The SEC has been directed to complete consideration of objections to the draft delimitation, government consultation and publication of the final delimitation by September 9. The Goa State Commission for Backward Classes has been directed to continue its municipality-wise empirical inquiry and, after final delimitation, complete the residual ward-specific exercise and furnish the required report and data to the SEC by September 16.
The SEC is further asked to publish the draft reservation notification by September 20 and provide the full statutory 30-day period for objections and suggestions. After the objections close on October 20, the SEC must complete their consideration, government consultation and publish the final reservation by November 9.
"The 30-day statutory period under Section 10(7) would remain untouched. On the outer schedule, the SEC will declare the municipal elections on December 10," it said. The results of elections to all 11 municipal councils must consequently be declared not later than January 4, 2027, the court directed and made it clear that all dates prescribed in the judgment are outer limits and that if any stage is completed earlier, subsequent stages must be advanced to the extent legally permissible.
The State government is asked to provide the SEC with all personnel, infrastructure, security, funds, transport and other assistance necessary to adhere to the timetable. It made clear that proximity of the Legislative Assembly elections, ordinary administrative inconvenience or shortage of government machinery cannot be cited as grounds to postpone the municipal elections beyond the schedule fixed by the court.
“The proximity of the Legislative Assembly election, ordinary administrative inconvenience or shortage of governmental machinery shall not constitute grounds for postponement of the municipal elections beyond the schedule fixed herein,” the court said.
The State Election Commissioner, Chief Secretary and Member Secretary of the Goa State Commission for Backward Classes have been directed to ensure compliance with the directions within their respective spheres.
