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IN THE HIGH COURT OF BOMBAY AT GOA
SARANG V. KOTWAL, ASHISH SAHADEV CHAVAN
Manuel Borges, Son of Simplicio Borges – Appellant
Versus
Goa State Election Commission, Thr. The Commissioner – Respondent
| Table of Content |
|---|
| 1. petitioners challenge reservation notifications (Para 1 , 4 , 5 , 6) |
| 2. arguments regarding triple test compliance (Para 8 , 9 , 10) |
| 3. respondent's locus standi and census data defense (Para 12 , 14) |
| 4. court discusses article 243-d implications (Para 21 , 22) |
| 5. empirical inquiry and triple test necessity (Para 24 , 25 , 27) |
| 6. court's assessment of commission's report (Para 30 , 32) |
| 7. court dismisses petitions and discharges rule (Para 33 , 34 , 35) |
JUDGMENT :
Sarang V. Kotwal, J.
1. Both these Petitions are decided by this common judgment as they challenge the same notification bearing no. 4/64/Reservation- Z.P./-2025-26/SEC/197 dated 06.11.2025 issued by the Goa State Election Commission providing reservation of seats for General Elections to the South Goa, Zilla Panchayat.
2. Heard Mr. Kantak, learned Senior Advocate appearing for both the Petitioners, Mr. Somnath Karpe, learned Advocate appearing for the Respondent no. 1, Mr. Devidas Pangam, learned Advocate General appearing for Respondent nos. 2 and 3 and Mr. Naik, learned Counsel appearing for Respondent no. 4.
3. With consent of the parties, the Petitions are decided finally, hence ‘Rule’. Rule is made returnabl
The court upheld the validity of seat reservations in local elections, confirming compliance with the triple test and allowing discretion in reservations based on population data.
(1) Reservation for OBCs is only a “statutory” dispensation to be provided by State legislations unlike “constitutional” reservation regarding SCs/STs which is linked to proportion of population.(2) ....
The constitutional mandate of reserving not less than one-third of the total number of seats for women and the statutory mandate of having regard to the concentration of population of SCs, STs, and O....
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
The quantum of reservation ought to be local bodies specific and be so provisioned to ensure that it does not exceed the quantitative limit of 50 per cent (aggregate) of vertical reservation of seats....
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