The constitutional mandate in Article 243-E(1) of the Constitution, requiring elections to be held before the expiry of the duration of Panchayats, is inviolable and must be followed by the State Government and the SEC.

JUDGMENT

M.S. Sonak, J. - Heard learned Counsel for the parties.

2. Rule in both the petitions. The rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. Even otherwise, by our order dated 21.06.2022, we had made it clear that these matters cannot brook any delay.

3. The term of 186 Panchayats in the State of Goa, including the Village Panchayat of Socorro, ended on 18.06.2022. The Goa State Election Commission (SEC) had proposed to hold elections on 29.05.2022, 04.06.2022, 11.06.2022, 15.06.2022 & 18.06.2022. However, the SEC claims that no elections could be held for want of the State Government issuing Notification under Rule 10(1) of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, appointing the date for holding of the election. The State Government refutes this charge. They say that the SEC is responsible for the failure. Neither offers convincing reasons for the failure to observe the Constitutional mandate.

4. The SEC maintains that it is eager and capable of completing the election process within thirty days from the State Government notifying the date under rule 10(1) of the Election procedure rules,1996. The State Government, however, insists that elections in monsoons are not conducive, and they have consciously decided to postpone them to September 2022.

5. The question for determination is whether the State Government and the SEC are jointly and severally avoiding holding elections to constitute the Panchayat before the expiry of its duration as specified under Article 243-E of the Constitution?

6. In 2017 also, Rohan Shirodkar had petitioned this Court about the failure of the State Government and the SEC to hold elections for 185 Panchayats in the State of Goa before the expiry of their duration specified under Article 243-E of the Constitution. In the decision reported in Rohan Shirodkar V/s. State of Goa & Ors., 2017 (4) Bom.C.R. 406 the Co-ordinate Bench had observed the following:

"10. We have considered the rival contentions and with the assistance of the learned Counsel, we have also gone through the records. We are constrained to record that this is the third occasion that this Court has been called upon to examine the validity of the decision in not complying with the mandatory provisions of Article 243-E of the Constitution. Earlier, when the elections were conducted for the same 185 Village Panchayats way back in the year 2007, this Court had clearly taken a view that the provisions of Article 243-E of the Constitution are mandatory and there is no acceptable reason for extension or postponement of the Panchayat elections. This Court, however, considering that the matter was being disposed off only after the terms had elapsed, had clearly observed that the elections were to be conducted forthwith and without any further delay.''

7. The above observations mean that for the last three terms, the State Government and the SEC have avoided or attempted to avoid holding elections to constitute Panchayats before the expiry of their duration as specified under Article 243-E(1) of the Constitution. This is, now, the fourth occasion.

8. That elections to constitute a Panchayat must be completed before the expiry of its duration specified in Article 243-E(1) of the Constitution is not a legal position that admits to any serious dispute or debate. In any case, this position is made clear by the Constitution Bench in Kishansing Tomar V/s. Municipal Corporation of the City of Ahmedabad & Ors., (2006) 8 SCC 352 and very recently, by Suresh Mahajan V/s. State of Madhya Pradesh & Anr., 2022 SCC OnLine SC 589. Even in the precise context of the State of Goa, this position was made evident in Rohan Shirodkar (supra), Joseph Sequeira V/s. State of Goa, WP no.13/2017 decided on 13.02.2007 and Naresh Gaunekar V/s. State of Goa, 2008 (1) Bom.C.R. 788.

9. Article 243-E(1) of the Constitution provides that every Panchayat, unless sooner dissolved under