the goan I network
PANAJI
The Bombay High Court at Goa has come down strongly on the ‘mobocracy’ that has ruled the elections of various Comunidades across the state of Goa and has even penalized the petitioner Yeshwant Shirodkar Rs 1 lakh for himself taking part in the chaos despite having approached the court for relief.
In its order which was pronounced earlier this week, the High Court issued several instructions including ban on the use of mobile phones in the polling booth, presence of cops in the counting hall, video recording of the entire process and permitting only members to enter the premises.
“We express our severe displeasure at such incidents of disruption of the democratic process,” the High Court observed when it was brought to the notice of the court that “the elections could be held only to the post of president and president substitute [as] there was commotion, chaos and law and order situation created at the hall where the elections were being held.
“This was despite the fact that there were at least 59 police personnel present outside the hall. This was despite the fact that the elections were being presided over and conducted by the Mamlatdar,” the court said.
“If such instances are allowed to rise, then, the democracy will degenerate into mobocracy. The police personnel at the site were expected to deal with this situation with firm hand, but,
what is even more surprising is that no FIR was lodged in respect of the incident until February 5, 2019. The explanation that the police authorities were awaiting the report from the Mamlatdar is not a really good explanation,” the court said.
Noting that “almost five elections to the Managing Committees of the Comunidades in North Zone had to be postponed for similar reasons,” the court said that “such incidents are clearly on rise.”
“In a situation where we pride in our capacity to hold free and fair elections, so that transition from one committee to another is smooth, the State Authorities which are enjoined to hold such elections, cannot afford not to deal with such incidents with a firm hand. Perpetrators of such chaos, commotion in order to disrupt elections cannot be permitted to get a feeling that it is easy to defeat the democratic process by resorting to such extra legal means,” the High Court ruled.
Turning its attention to the conduct of the petitioner Yeshwant Shirodkar who first approached the court citing repeated postponement of elections, the court said that it was pained that Shirodkar “is also alleged to have disrupted the election process, after he failed to secure majority votes for the post of president which he was contesting.
“If this is correct, it means that this Petitioner has abused the judicial process of this Court, as well. We deem it appropriate to direct Petitioner No.1 to deposit in this Court an amount of Rs 1 lakh by way of security for costs. If, we ultimately find that the present petition was instituted for oblique motive or that the Petitioner has abused the judicial process, then, we may have to consider imposing exemplary costs upon the petitioners,” the court said.
The court took on record the statements of the Advocate General that in the future all such disruptions will be dealt with a firm hand and directed that measures be taken so that such incidents do not repeat.
