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PANAJI
In its order, the copy of which was available on Friday, the High Court vehemently rejected the government’s contentions and reasons it had offered including the fact that the code of conduct was in force, staff would be on leave, implementation of the SC order on highway liquor vends, etc.
“Earlier when the elections were conducted for the same 185 Village Panchayats way back in the year 2007, this Court had clearly taken a view that the provisions of Article 243E of the Constitution are mandatory and there is no acceptable reason for extension or postponement of the Panchayat Elections,” the division bench of justices FM Reis and Nutan Sardesai noted.
“Following the observations of the Apex Court… it is clear that the mandate to hold elections within the time stipulated under Article 243E can be postponed only in case of man-made calamities, such as rioting or breakdown of law and order, or natural calamities and in no other circumstances.
“In the present case, taking note of the reasons as brought to our notice by the Advocate General, we find that such reasons do not fit in any of the situations as specified by the Apex Court,” the judgement reads.
SEC SLAMMED TOO
The court observed ...
It is noted that if the State Election Commission feels that it was not receiving co-operation from the State Government for discharging its constitutional obligation, it would be open to the State Election Commission to approach the High Court in the first instance and thereafter, the Apex Court for a writ of mandamus or other appropriate writ directing the State Government concerned to provide necessary cooperation and assistance to the State Election Commission to fulfill its constitutional mandate
