In a significant development, the Bombay High Court on Wednesday (April 8) set aside the Election Commission of India (ECI) notification for the Ponda Assembly bypoll in Goa, declaring it “null and void” and effectively cancelling the election scheduled for April 9.
The by-election had been necessitated following the death of former Goa minister Ravi Naik in October last year. The ECI had earlier announced polling for April 9, with counting slated for May 4.
A bench comprising Justices Valmiki Menezes and Amit Jamsandekar of the Goa bench delivered the order while hearing petitions filed by two voters. The petitioners had challenged the validity of the ECI’s notification on the grounds that less than one year remained in the current Assembly’s tenure.
The court agreed with the contention that holding a by-election under such circumstances was not mandatory, thereby invalidating the notification issued for the Ponda constituency.
The petitioners argued that under the Representation of the People Act, a by-election is not compulsory if the remaining term of the Assembly is less than one year. They maintained that conducting the poll would serve little purpose, as any elected MLA would hold office only for a brief duration.
They further contended that the exercise would lead to unnecessary expenditure of public resources without meaningful legislative impact.
The ruling comes at a time when election preparations were already in full swing. Authorities had recently reviewed readiness for the bypoll, with a focus on ensuring free and fair voting.
Officials had strengthened surveillance mechanisms, including the installation of check-posts at entry and exit points and close monitoring of suspicious cash movements. Special attention was also given to curbing the distribution of liquor, narcotics, and other inducements, with law enforcement agencies directed to act swiftly on violations.
Arrangements for postal ballots had been carefully reviewed, including their management, dispatch, and security, supported by CCTV surveillance and strict monitoring protocols to prevent irregularities.
Security of strong rooms was also tightened, with round-the-clock surveillance and regulated access to ensure integrity.
Additionally, authorities had placed emphasis on accessibility measures at polling stations, including ramps, wheelchairs, and volunteer assistance for senior citizens and persons with disabilities.
With the High Court’s decision, the scheduled bypoll stands cancelled, bringing an abrupt halt to the administrative and logistical exercise undertaken over the past weeks. The ruling also underscores the legal interpretation of election requirements in cases where legislative terms are nearing completion.
The decision is likely to have broader implications for similar cases across the country, particularly in determining whether by-elections are necessary when only a short duration remains in an Assembly’s tenure.
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