STATE OF GOA vs FOUZIYA IMTIAZ SHAIKH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 142

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
STATE OF GOA – Appellant
Versus
FOUZIYA IMTIAZ SHAIKH – Respondent

Advocates:
Advocate Appeared:
For the Parties :Mr. Tushar Mehta, S.G., Mr. Devidas Pangam, Advocate, Gen., Mr. Arun R. Pedneker, Advocate, Ms. Mukti Chowdhary, Advocate, Mr. Shubham Priolkar, Advocate, Mr. Atmaram NS Nadkarni, Sr. Advocate, Mr. Dattaprasad Lawande, Advocate, Mr. Salvador Santosh Rebello, Advocate, Mr. Pradosh Dangui, Advocate, Mr. Gauravvardhan Nadkarni, Advocate, Mr. Jay Mathews, Advocate, Arzu Paul, Advocate, Mr. Adiraj Bali, Advocate, Ms. Deepti Arya, Advocate, Mr. Raghav Sharma, Advocate, Mr. Ishant Arora, Advocate, Ms. Mitali Gupta, Advocate, Mr. Akshaya Joglekar, Advocate, Mr. Aamir Jamadar, Advocate, Mr. Ashish Krishnanath Kuncoliencar, Advocate, Mr. Vivek Jain, Advocate, Ms. Suchitra Kumbhat, Advocate, Mr. Nirvikar Singh, Advocate, Mr. Nitin Sharma, Advocate, Ms. Neela Gokhale, Advocate, Mr. Nikhil Vaze, Advocate, Mr. Kushal Choudhary, Advocate, Ms. Harshal Gupta, Advocate, Ms. Anannya Ghosh, Advocate, Mr. Abhikalp Pratap Singh, Advocate, Mr. D. Kumanan, Advocate, Mr. Ujjawal Anand Sharma, Advocate, Mr. Prashant Sivarajan, Advocate, Mr. Ninad Laud Advocate, Mr. Ivo Dcosta, Advocate, Mr. Salvador Santosh Rebello, Advocate, Mr. Ninad Laud, Advocate, Mr. Abhijeet Kamat, Advocate, Mr. Abhijit Gosavi, Advocate, Mr. Ivo MS D'Costa, Advocate, Mr. Sahil Tagotra, Advocate.

JUDGMENT :

R.F. NARIMAN, J.

1. IA No. 35153/2021 in SLP(C) No. 3937/2021 being an application for intervention is allowed. Leave granted in all the Special Leave Petitions.

2. The present batch of civil appeals raise important questions on the provisions contained in Part IXA of the Constitution of India. The Goa State Election Commission ["SEC"] decided to postpone the elections to 11 Municipal Councils whose terms were to expire on 04.11.2020. The elections were scheduled to be held on 18.10.2020, which were postponed to 18.01.2021 in view of the COVID-19 pandemic situation in the State of Goa. On 03.11.2020, the Governor of Goa appointed the Law Secretary of the Government of Goa, a member of the IAS, as State Election Commissioner which duties were to be in addition to his duties as Law Secretary. By an order dated 05.11.2020, Municipal Administrators were appointed by the Department of Urban Development (Municipal Administration) for all these municipal councils whose terms had expired. By a notification dated 14.01.2021, the Goa SEC further postponed the election for a perio

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2021 Supreme(SC) 142

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROYSTATE OF GOA – AppellantVersusFOUZIYA IMTIAZ SHAIKH – Respondent

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
STATE OF GOA – Appellant
Versus
FOUZIYA IMTIAZ SHAIKH – Respondent