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IN THE HIGH COURT OF BOMBAY AT GOA
VALMIKI MENEZES, AMIT S.JAMSANDEKAR
Pritam Harmalkar, son of Permanand Harmalkar – Appellant
Versus
Election Commission of India, Through Secretary – Respondent
| Table of Content |
|---|
| 1. writ petitions challenge eci bye-election notification. (Para 1 , 2 , 3 , 6) |
| 2. vacancy 15.10.2025; results 04.05.2026; term ends 14.03.2027. (Para 4 , 36 , 37) |
| 3. proviso (a) bars bye-election if incoming term under one year. (Para 5 , 8 , 9) |
| 4. term reckoned from vacancy; sarode erroneous; seek larger bench. (Para 11 , 12) |
| 5. issues: sarode binding? larger bench? quash notification? (Para 13) |
| 6. sarode interprets remainder as incoming member's post-poll tenure. (Para 14 , 15 , 16 , 17 , 18) |
| 7. sarode ratio applied in dubey; eci did not appeal. (Para 19 , 20 , 21 , 22) |
| 8. pramod fact-specific; no ratio on section 151-a(a) interpretation. (Para 23 , 24 , 25 , 26 , 27) |
| 9. coordinate precedents binding; sarode not per incuriam. (Para 28 , 29 , 30) |
| 10. no high court conflict; reject larger bench reference. (Para 31 , 32 , 33 , 34 , 35) |
| 11. notification quashed violating section 151-a proviso (a). (Para 38) |
| 12. no stay; bye-elections declared nullity. (Para 39 , 40) |
JUDGMENT :
Valmiki Menezes, J.
1. Registry to waive office objections and register the matters.
2. Heard Mr. Akshay Naik, learned Senior Advocate with Mr.Chaitanya Padgaonkar, learned Advocate for the Petitioner in Wri
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