Upholds validity of ordinance on delimitation, quota
Panaji: Upholding the validity of the Goa Municipalities (Amendment) Ordinance, 2026, concerning the delimitation and reservation of wards in 11 municipalities, the High Court of Bombay at Goa on Tuesday directed the Goa State Election Commission to complete the municipal election process by January 2, 2027.
The High Court was hearing two petitions challenging the ordinance empowering the SEC to carry out delimitation and reservation for civic body elections.
One petition, filed by Trajano D’Mello, sought directions to conduct elections to 11 municipalities immediately. It stated that the councils’ terms expired in April 2026 and that the ordinance was promulgated at the eleventh hour, after administrators had been appointed to run them.
“Failure to conduct municipal council elections is in direct breach of Article 243U of the Constitution, which unequivocally requires that elections to constitute a municipality shall be completed before the expiry of its duration,” the petition said.
A counsel for the petitioner argued that the ordinance introduces a new procedure for delimitation, reservation and elections, which could delay the process by at least six months. This, he said, defeats the mandate of Article 243U.
The second petition, filed by Shitesh More, sought the quashing of the ordinance calling it an unconstitutional attempt to postpone polls to the civic bodies and prolong rule through appointed administrators.
The plea contended that the ordinance, promulgated by the Governor on April 22 and published in the Official Gazette on April 23, was issued in violation of Article 243U of the Constitution, which mandates that elections to constitute a municipal council must be completed before the expiry of its five-year term.
“It is most respectfully stated that the Impugned Ordinance has been promulgated at the eleventh hour, when the tenure of the municipal councils had already expired and administrators were appointed to manage functions of the respective municipal councils and is therefore a colourable exercise of power intended to delay elections and continue administrative control over municipal bodies through appointed administrators,” it maintained.
Being a voter in the Mapusa municipality jurisdiction, More also sought urgent directions from the court to hold time-bound elections to the 11 municipal councils of Mapusa, Margao, Ponda, Mormugao, Quepem, Bicholim, Pernem, Valpoi, Cuncolim, Curchorem, and Canacona, using the pre-existing delimitation and electoral framework.
The petition pointed out that the councils had been constituted following elections held in March and April 2021 in two phases, and their five-year terms expired in March-April this year. Under the Constitution, fresh elections ought to have been completed before the expiry of that term.
