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2020 Supreme(Bom) 379
IN THE HIGH COURT OF BOMBAY AT GOA
M.S. Sonak, M.S. Jawalkar, JJ.
Mr. Kenneth Ian Stewart Silveira – Petitioner
Versus
The State of Goa, Through its Chief Secretary and ors. – Respondents
PIL Writ Petition No. 17 of 2020 With Stamp Number (Application) 1016 of 2020
Decided On : 21-03-2020
For the Petitioner:Ms. Laxmi Sawant, Advocate
For the Respondent:Mr. Deep Shirodkar, Additional Government Advocate, Mr. S. N. Joshi, with Ms. S. Joshi, Advocates
For the Intervenor :Mr. Varun P. Bhandanker, Advocate
The court emphasized the importance of considering public health and safety in the decision-making process, especially in the context of holding elections during a pandemic.
Headnote:
Election Postponement - Public Interest Litigation - Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996 - Rule 10
Fact of the Case:
The petition sought postponement of Zilla Panchayat Elections scheduled on 22nd March, 2020 due to the threat posed by COVID-19. The State Election Commissioner (SEC) and the Government of Goa were involved in the decision-making process.
Finding of the Court:
The court found that the SEC and the Government of Goa had postponed the elections until further orders, considering the threat of COVID-19 and the directives from the Central Government and the WHO.
Issues: The main issue was whether the Zilla Panchayat Elections should be postponed due to the threat posed by COVID-19.
Ratio Decidendi: The court emphasized the importance of considering the health and safety of the citizens and the government officials involved in the election process. It highlighted the need to weigh the competing demands of holding a timely, free and fair election with the demands of health and medical security of the people.
Final Decision: The petition was disposed of, and the court appreciated the decisions taken by the Government of Goa and the SEC in the public interest.
JUDGMNT :
M.S. SONAK, J.
1. Heard Ms. Laxmi Sawant for the Petitioner, Mr. Deep Shirodkar, learned Additional Government Advocate for Respondent No.1, Mr. S.N. Joshi, with Ms. S. Joshi for Respondent No.2 and Mr. Varun Bhandanker for the Intervenor.
2. Rule. Rule is made returnable forthwith, with the consent of and at the request of the learned Counsel for the parties.
3. On an urgent motion, this Public Interest Litigation was taken up for consideration on 20th March, 2020. On the said date, we made the following order :
1. Heard learned Counsel for the parties.
2. This Petition seeks postponement of Zilla Panchayat Elections scheduled on 22nd March, 2020 in view of the threat posed by COVID-19 which is styled as a 'pandemic'.
3. The learned Advocate General and Mr. Joshi, learned Counsel for the State Election Commissioner (SEC) have made a statement that in deference to call for 'Janata Curfew' given by the Honourable Prime Minister on 22nd March, 2020, the polling date has been postponed to 24th March, 2020.
4. The learned Advocate General submitted that there was a meeting held yesterday, in which a decision was taken to postpone the elections upto 24th March, 2020, but not beyond. He submitted that in terms of Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, the power to appoint dates or to change the dates for holding elections is vested in the Government. He, however, pointed out that before any dates are changed, ordinarily, previous sanction of the SEC is necessary. He submits that since the SEC was involved in the decision making process, such sanction is present.
5. The learned Advocate General submits that the decision to not postpone the polling any further, is broadly based upon the following reasons :
(a) Upto now not a single case of COVID-19 is tested positive in the State of Goa;
(b) Precautionary measures are in place to see that no such positive tested patients enter State of Goa;
(c) Several steps have been taken to enforce social distancing at the polling booths and the SEC itself has issued several directives in this regard;
(d) There is no guarantee whether the situation on COVID-19 will improve in future or not. Therefore, this is the appropriate stage at which elections can be held and concluded;
(e) That the Panchayat Raj Act, as well as the Constitution of India mandates a freshly elected committee to be in place before the expiry of the 5 year term of the previous committee. This term expires on 24th March, 2020 and, therefore, polling has to take place on or before the said date.
6. Mr. Joshi on behalf of the SEC made a statement that the SEC has gone by the decision of the Government in this matter. However, at a later stage, he attempted to explain that the SEC was also involved in the decision making process and this fact is made clear in the affidavit which he belatedly handed over to the Court.
7. The Central Government, as well as the State Government have issued several directives to combat the threat which this pandemic poses. The directives advise reduction of mass gatherings to avoid the spread of COVID-19 Novel Corona Virus Disease. The directives advise postponement of mass gatherings like sporting events, competitions or religious events. The directives advise the installation of thermal scanners and hand sanitizers at the entry of Government buildings, advise even holding of meetings, as far as possible, through Video Conferencing, restrict entries to visitors, postpone meetings with Government officials. The staff has been advised to work from home and the people have been advised, as far as possible, to restrict travel or moving outdoors, taking into consideration the medical and scientific data relating to the spread of this virus.
8. Before, we address the reasons referred to by the learned Advocate General, it is necessary to refer to the affidavit on behalf of the SEC. The affidavit, really does not endorse most of the reasons referred to by the learned Advoc
