ROMALDO FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Elections are the central institution of democratic representative governance, since in the democratic setup, the authority of the Government derives solely from the concept of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections. Democratically elected nations burgeon on absolutely free and impartial elections and India being a colossal democracy demands such a process.

(2.) The Constitution Bench of the Apex Court in the celebrated case of 'Mohinder Singh Gill' has expressed a word of caution while entertaining any dispute involving and revolving around 'Election'. "Election disputes are not just private civil disputes between two parties. Though there is an individual or a few individuals arrayed as parties before the Court but the stakes of the constituencies as a whole are on trial . Whichever way the lis terminates it affects the fate of the constituency and the citizens in general. A conscientious approach with over riding consideration for welfare of the constituency and strengthening the democracy is called for. Neither turning a blind eye to the controversies which have arisen nor assuming a role of over enthusiastic activist would do. The two extremes have to be avoided in dealing with the election disputes".

(3.) The datum point on which a group of petitions instituted before us, is the decision of the Goa State Election Commission (hereinafter referred as 'SEC') to conduct general elections in 11 Municipal Councils in the State of Goa, in consequence of the expiry of its term. By a Notification issued on 22/02/2021, by the Commissioner, SEC, in pursuance of Article 243ZA of the Constitution of India and Rule 4 of the Goa Municipalities Election Rules, 1969, has notified the general elections of the said Municipal Councils scheduled to be held on 20/03/2021. The Notification carves out the election programme for conduct of elections to the said Municipal Councils.