PANAJI
Congress MLA from Aldona, Carlos Alvares-Ferreira, added to the controversy surrounding the cancellation of the Ponda by-poll saying he “respectfully disagrees” with the Bombay High Court’s decision to nullify the Election Commission’s notification.
Alvares-Ferreira, an eminent senior counsel at the Bombay High Court, voiced his dissent during a press interaction. He acknowledged the authority of the court but insisted that the ruling undermined the democratic process.
“I respect the institution, but I respectfully disagree with this judgement,” he said.
The by-election was necessitated by the death of former minister Ravi Naik. Polling was scheduled for April 9, with counting on May 4. The High Court, however, struck down the notification, effectively cancelling the election.
Alvares-Ferreira argued that the decision deprived voters of their right to representation even as he stressed that the people of Ponda had been waiting for months to elect a new representative.
“The electorate has been denied its voice. This is not in the spirit of democracy,” he remarked.
The Congress legislator also questioned the timing of the ruling and suggested that the cancellation, coming just a day before polling, raised doubts about fairness.
“It is unusual and it creates suspicion," Alvares-Ferreira said, adding weight to the Congress’ broader charge that the BJP and the Election Commission acted in collusion to block the poll.
Party leaders have claimed the ruling was politically motivated, while the BJP has maintained that the court acted strictly on legal grounds.
Alvares-Ferreira’s dual role as a legislator and senior counsel gives his words particular resonance. His comments also highlight the growing unease in legal and political circles over the cancellation.
Another eminent lawyer deft in constitutional law, Cleofato Coutinho, cryptically said the decision leaves the people of Ponda without representation in the legislature.
"Whether the High Court is correct or the Election Commission acted with lethargy, the people of Ponda will not be represented in the Assembly," Coutinho said.
Both Alvares Ferreira and Coutinho were conferred the 'senior counsel' status by the Bombay High Court Collegium last year.
