PANAJI
The High Court of Bombay at Goa has directed that elections to the Serula Communidade be conducted as per the law, with petitioners asserting that the law allows ballot voting.
Petitioners Dilip Mahambrey and three others had moved a writ petition challenging the traditional method of voting by raising hands, stating that the law prescribes ballot voting.
“We sought ballot paper for elections and not raising hands because there are elderly people who participate, and it becomes difficult for them...Others participate since they are a part of the Comunidade or just attendees, but they are allegedly threatened to raise hands by certain entities, which is not correct,” the petitioner said, addressing the media after the Court verdict.
With elections scheduled for January 12, the Division Bench comprising Justice MS Karnik and Justice Nivedita Mehta directed that the elections be held in compliance with the law.
“The law says ballot voting. The Court has interpreted it,” the petitioner said.
The Bench, in its order, clarified that it is not inclined to interfere with the election process at this stage despite several contentions raised by the Counsel for the petitioners.
“...the contention of the Counsel for the petitioner that the elections are likely to be conducted in breach of Article 48 of the Code of Comunidades. Elections obviously will have to be held according to the procedure prescribed. The petitioner can always raise his objections with the Officer in charge of conducting the elections and if not satisfied, seek redressal in accordance with the law,” the Court order reads.
The petitioners have already made a representation to the Officer conducting the elections. The Court directed the Officer to consider the representation and act by the law. The order reiterated that it has refrained from expressing any opinion on merits. “It is open for the petitioners to take legal recourse if there is any grievance with the conduct of the elections,” it stated.
Another contention raised by the petitioners was the non-furnishing of the voters’ list despite submitting an application to the Administrator of Comunidade on September 23, 2024.
Additional Government Advocate Sapna Mordekar, appearing for the Administrator of Comunidade, informed the Court that the voters’ list was not available at the time of the application. However, the list is now available, and upon payment of the requisite charges, a certified copy will be provided to the petitioners on January 9, Thursday.
Given this development, the High Court directed the petitioners to approach the Administrator of Comunidade and disposed of the petition.
