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.

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 returnable forthwith.

4. In both these Petitions, the Respondent no. 1 is the Goa State Election Commission, Respondent no.2 is the State of Goa and Respondent no. 3 is the Goa State Commission for Backward Classes. They are the contesting Respondents.

The Petitioner’s case in Writ Petition No. 2920 of 2025(F), is that he is a voter from Scheduled Tribe Category (ST) of Constituency No. 09-Nuvem, South Goa and is aspiring to contest the General Elections to the South Goa Zilla Panchayat to be held in December, 2025 from Constituency No. 09-Nuvem, South Goa. The State Government issued a Notification bearing No.19/DP/ZP/ELN/2025/7840 dated 14.10.2025 under Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, published in the Official Gazette dated 16.10.2025 appointing the date to elect the members of the South Goa and the North Goa Zilla Panchayats, as 13.12.2025. The impugned Notification dated 06.11.2025 issued by the Goa State Election Commission, published in the Official Gazette mentions the reservation of seats for General Elections to the South Goa Zilla Panchayat. The Constituency of 09-Nuvem is reserved for an OBC candidate. It is the case of the Petitioner that the said Notification was in violation of the required conditions known as the ‘triple test’ laid down by the Hon’ble Supreme Court in various judgments. The Petitioner wrote a letter dated 10.11.2025 to the Respondent no. 1-Goa State Election Commission requesting the details whether the triple test was complied with but till the filing of the Petition, he had not received any response to that letter. Therefore, he approached this Court challenging the said Notification.

5. The case of the Petitioner in Writ Petition no. 2924 of 2025 (F) is that he was a voter from the General Category of Constituency No. 15 – Curtorim, South Goa, and was aspiring to contest the same General Elections from Constituency No. 15-Curtorim. By the impugned Notification, the said seat was reserved for OBC candidate.

6. The challenge to the said Notification is made by both the Petitioners on similar grounds.

Submissions of Shri Kantak on behalf of the Petitioners-

7. Learned Senior Advocate Shri Kantak submitted that the two leading judgments of the Hon’ble Supreme Court on the issue of the requirement which were to be complied with while issuing the Notification reserving the seats for OBC candidates, are as follows :

(i) K. Krishna Murthy & Ors. vs. Union of India & anr., (2010) 7 SCC 202

(ii) Vikas Gawali vs. State of Maharashtra & Ors., (2021) 6 SCC 73

He submitted that the Hon’ble Supreme Court has laid down the triple test for reservation in Panchayat Election. The first test is to set up a dedicated commission to conduct contemporaneous rigorous empirical inquiry into the nature and imp