PANAJI
The High Court of Bombay at Goa on Tuesday refused any interim relief or put a stay on the Goa Municipalities (Amendment) Ordinance, 2026, even as it agreed to examine petitions challenging the delay in municipal elections across 11 councils whose terms ended in April.
Hearing the pleas, the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar made it clear that one cannot grant a stay on the ordinance. “You will have to go to the Assembly to get it done,” the court observed.
The two petitions filed in March and April have challenged the ordinance as unconstitutional and seek time-bound elections for the 11 municipal councils of Mapusa, Margao, Ponda, Mormugao, Quepem, Bicholim, Pernem, Valpoi, Cuncolim, Curchorem, and Canacona, whose five-year tenures expired in March-April 2026.
Arguing the matter, the petitioner invoked Article 243U of the Constitution, introduced through the 74th Amendment, which guarantees a fixed five-year term for municipalities and mandates that elections be completed before the expiry of that term. The provision also bars prolonged supersession and requires reconstitution within six months if a body is dissolved.
“Under the garb of this ordinance, the elections are not being held. The constitutional breach has already been committed. They have appointed administrators. You cannot make it applicable for ensuing elections and that is the challenge in the present petition,” the petitioner submitted during the hearing.
The court, however, indicated that it was not prima facie convinced of a constitutional violation at this stage. “We also need sufficient time to consider this. We don’t see anything that is offending Article 243...” the Bench remarked.
Advocate General Devidas Pangam, appearing for the State, defended the ordinance, saying it was brought in response to petitions filed in the last two months.
Taking note that the tenure of all 11 municipal councils had come to an end by April 2026, the court said the issue raised a broader challenge requiring detailed consideration. “There is a challenge thrown in… all of those terms of the 11 municipal councils have come to an end in April 2026,” it observed.
The Bench issued notice to the State government and State Election Commission, directing them to file their affidavits by June 8, while adjourning the matter for June 10.
