PANAJI
The Bombay High Court at Goa has come down heavily on the State Election Commission for abdicating its duty towards ensuring that the constitutional mandate was being followed in the Goa Municipal Elections saying that the SEC was very inappropriate in pushing all the blame on the Municipal Administration for the reservations.
“The action of the Director and on the conduct of the Election Commission as a mute spectator, which in fact was expected to act and live up to its role conferred by the constitution, ensuring free and fair elections, we are not expected to be oblivious to the situations which have been drawn to us. We do not appreciate the helplessness expressed by the State Election Commission, which is supposed to be an authority independent of the Government. If the illegality has been noticed,” the High Court said.
“We expect it (State Election Commission) to act with promptitude and issue appropriate directions to the Director to rectify the said action by ensuring that it follows the mandate of the constitution rather than to rush and issue the election schedule. Its power of superintendence over the ‘conduct of elections’ is wide enough, which includes the power to take all steps necessary for conduct of free and fair election. The silence on part of the constitutional functionary, according to us, is highly detrimental to the democratic concept of this country. We say nothing more,” the High Court said.
“In the aforesaid context, we do not appreciate the helplessness expressed by the SEC, which is supposed to be an authority independent of the Government of Goa. According to us, it was the duty of the SEC to require the Director to immediately rectify the impugned order and to provide for reservation of less than one-third of the seats in favour of women, rather than to rush and issue election schedules,” the High Court said.
