The Goa State Election Commission (SEC) has taken a firm stand before the Bombay High Court, seeking the dismissal of a petition that challenges the reservation of constituencies for the upcoming zilla panchayat elections. In an affidavit submitted on Monday, the commission warned that any interference could derail the entire election process, which is constitutionally mandated to be completed before the current tenure ends on January 7.
Constitutional Mandate and Tight Deadline
SEC secretary Venacia Furtado emphasized the critical timing of the electoral process. The zilla panchayat elections are scheduled for December 20, 2023, leaving the commission with very limited time to complete all necessary arrangements. The current tenure of the zilla panchayats is set to expire on January 7, 2024, creating a constitutional obligation for the SEC to conduct elections before this deadline.
The commission respectfully submitted that no interference is warranted in the election process, as such action would effectively postpone the elections and contradict legal requirements. Furtado stated that the constitutional obligation of the SEC is to conduct local body elections mandatorily before the expiry of the ongoing term.
OBC Reservation Details and Legal Compliance
The affidavit provided detailed information about the reservation structure based on a report from the Goa OBC Commission. According to the data presented to the court, the OBC population in North Goa's zilla panchayat areas stands at 33.9%, while South Goa records 23.9% OBC population.
With 25 zilla panchayat seats each in both North and South Goa, the commission calculated the reservation allocation accordingly. North Goa will have 6.8 seats (27.5%) reserved for OBCs, while South Goa will have 5.5 seats (20.2%) reserved for OBC communities.
The SEC strongly countered the petitioner's claim that it violated the Supreme Court's mandate regarding the triple test. The commission maintained that its actions fully comply with legal requirements and that the grievance raised by the petitioner lacks merit.
Potential Consequences of Election Delay
The SEC expressed serious concerns about the consequences if the court were to entertain the petition. Any postponement of the December 20 election date would create a constitutional crisis, as the current zilla panchayat terms would end without elected successors in place.
Furtado emphasized that considering the importance of conducting timely elections and the constitutional obligations involved, the present petition would not be tenable in law. The commission argued that the petition, if accepted, would undermine the democratic process and disrupt the scheduled election timeline.
The SEC's position highlights the delicate balance between addressing legal challenges and maintaining the continuity of democratic institutions through timely elections.
