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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI H.DANGRE, NIVEDITA P.MEHTA
Menino Da Cruz – Appellant
Versus
State of Goa – Respondent
| Table of Content |
|---|
| 1. challenge against section 9(2) of the city of panaji corporation act. (Para 1 , 4) |
| 2. arguments supporting ultra vires claim regarding delimitation. (Para 2 , 3 , 6) |
| 3. discussion on responsibility of the state election commission. (Para 5 , 7) |
| 4. details on provisions and sections that govern elections. (Para 8 , 11) |
| 5. wider interpretation of 'election' in statutory context. (Para 12 , 19 , 20) |
| 6. observations on the role of delimitation in elections. (Para 13 , 24) |
| 7. legislative intent and competency in election-related laws. (Para 14 , 28) |
| 8. constitutional provisions about election process. (Para 21 , 22) |
| 9. conclusion on limitations of statutory provisions. (Para 30 , 32 , 34) |
JUDGMENT :
BHARATI H. DANGRE, J.
1. The Petitioner, a Corporator duly elected for Ward no. 19, Corporation of City of Panaji for two terms, has raised a challenge to the constitutional validity of Section 9(2) introduced in the City of Panaji Corporation by the (Amendment) Act, 2005 published in the Official Gazette, Series I no. 46 (Extraordinary-II) dated 16.02.2025, which has come into effect from 24.09.2024.
The challenge to the amendment is on the ground that it is ultra vires of Section 11
The amendment assigning delimitation powers to the Director of Municipal Administration does not violate electoral independence or constitutional provisions, as delimitation is an administrative rath....
Delimitation orders issued under constitutional provisions are immune from judicial review barring exceptional circumstances; challenges to their validity cannot be entertained under Article 226 of t....
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
The court emphasized the importance of mandatory averments and disclosures in Public Interest Litigation and found the PIL Petition to be politically motivated.
Amendment to delimitation rule mandating larger units without boundary transgression quashed as manifestly arbitrary, violating uniform population ratio in panchayat constituencies and constitutional....
The main legal point established in the judgment is the limited scope of judicial review in administrative actions, emphasizing the prevention of arbitrariness, irrationality, unreasonableness, bias,....
The court affirmed that without new census data or changes in municipal boundaries, the delimitation of wards is unauthorized as per the Rajasthan Municipalities Act, 2009.
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