PONDA BY-ELECTION CANCELLED ON POLL EVE

PANAJI
In a landmark decision delivered on the eve of polling, the High Court of Bombay at Goa on Wednesday cancelled the Ponda assembly by-election, ruling it would violate a statutory requirement that an elected member must be able to serve at least one year in office.

The order came less than 24 hours before voting was scheduled, halting an election that officials had spent weeks preparing for, with polling arrangements, surveillance measures and accessibility provisions already in place.

While quashing the Election Commission of India’s (ECI) notification for the Ponda by-election, the High Court categorically stated the notification is arbitrary, and issued contrary to the Representation of the People's Act.

In a sharply worded judgement, running into 53 pages, the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar pointed at the timing and legality of the April 9 poll, concluding that the Commission acted contrary to Section 151-A of the Representation of the People Act. The ECI notified the by-election in March, scheduling polling for April 9 and results for May 4.

The Court, accepting the petitioners’ submissions, noted that the Assembly’s term ends on March 14, 2027, and even if the election had proceeded as planned, the winning candidate would have held office for barely ten months, which is legally insufficient.

The petitioners had argued that this violated Clause (a) of the proviso to Section 151-A, which bars by-elections if the remainder of the term is less than one year. The court agreed, holding that the relevant period must be calculated from the date the new member assumes office, not from when the vacancy arose.

“...the remainder of the period reckoned from this date till 14.03.2027 (when the term of the Assembly expires) is just about nine months. The impugned Notification dated March 16, 2026 is therefore issued in contravention of the bar under Clause (a) of proviso to Section 151-A. The said Notification issued by the Election Commission of India is therefore arbitrary, issued contrary to Clause (a) of proviso to Section 151-A and is therefore liable to be quashed and set aside,” the order added.

In reaching its conclusion, the Bench leaned heavily on a ruling in Sandeep Yashwantrao Sarode, which had settled the interpretation of the same provision.

That judgement held that the law is concerned with the effective tenure available to the incoming representative, not the elapsed time since the seat fell vacant. It also noted that the ECI had previously accepted this interpretation in multiple cases, including one as recent as 2024, but had now taken a contradictory stand. “The conclusion is inevitable,” the court observed citing the Sarode order.

During the hearing, the ECI had urged the court to adopt a different reading wherein the one-year threshold should be counted from the date the seat fell vacant. It also sought a reference to a larger bench, citing conflicting views from other High Courts and invoking a Supreme Court ruling.

The Bench was however, unconvinced, while it held that the Supreme Court decision cited by the Commission did not settle the issue of interpretation but was confined to its specific facts. It also rejected the call for a reference, saying no compelling reason had been made out to revisit an already settled position of law.

Speaking to the media after the order, Advocate General Devidas Pangam said the court had accepted the petitioners’ argument that the statutory one-year tenure could not be ensured, and therefore set aside the April 9 poll.

“The Bench held that the one-year tenure begins from the date the newly elected candidate takes office,” Advocate Rama Rivankar added.

The ECI had urged the court to stay its order and argued that the tenure should be calculated from the date the seat fell vacant, following the death of Minister Ravi Naik on October 14, 2025. The court rejected that contention, as well as the request for a stay.

In the days leading up to the vote, authorities had intensified enforcement measures. Officials reviewed security at strong rooms, expanded surveillance at entry and exit points, and directed closer monitoring of cash movement and inducements such as liquor and narcotics. Arrangements for postal ballots were tightened under CCTV watch, while polling stations were equipped with ramps, wheelchairs and volunteer assistance for elderly voters and persons with disabilities.

ECI declares process null, void

PANAJI: The Election Commission of India (ECI) has declared all processes related to the Ponda by-election null and void following the High Court of Bombay at Goa’s order.

In a notification, ECI Principal Secretary Ajoy Kumar said the March 16 notification calling for the by-election, with polling scheduled on April 9, has been rescinded.

The High Court, in its April 8 order, had quashed the notification as invalid.

“In pursuance of the court’s order, the Commission hereby rescinds the notification,” Kumar said.

All actions taken by election authorities, including the Returning Officer and District Election Officer, now stand cancelled.

ECI sought stay; HC says notification violates Act

PANAJI: After the verdict, Senior Advocate S R Rivankar for the ECI prayed for a stay of the judgement stating the Commission has recorded casting of 171 postal ballots and other ballots, apart from which elaborate arrangements were made for conducting elections.

However, the High Court did not find the prayer ‘tenable’ stating the notification is contrary to the Act. “The consequence of the declaration issued by us that the Notification is contrary to Clause (a) of proviso to Section 151-A, must follow since the by-elections are now declared to be a nullity. We therefore reject the application for stay of the judgement,” it said.