VINCENT PAUL FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr Talaulikar for the Petitioners, learned Advocate General who appears along with Ms Maria Correia, Addl. Govt. Advocate for Respondents No.1 and 2 and Mr A.D. Bhobe for Respondent No.4.

(2.) The challenge in this Petition is to the final delimitation order dtd. 27/03/2023 and the order of reservation of seats dtd. 31/03/2023, published by the Goa State Election Commission (GSEC).

(3.) Regarding the challenge to the final delimitation order, Mr Talaulikar referred to the order dtd. 08/12/2022 made by the GSEC directing the process of delimitation. He submitted that this order had directed the Electoral Registration Officer (ERO) and the Assistant Electoral Registration Officer (AERO) to give due consideration to the geographical contiguity and natural boundaries while constituting the Municipal wards. He referred to the delimitation plans for Wards 5 and 6 and submitted that the natural boundary of these two wards was a nullah. He pointed out that as per the earlier exercise, this natural boundary was adhered to. However, this time some areas across the nallah have been included in Wards 5 and 6. He submitted that in doing this, the ERO and the AERO have acted in breach of the GSEC's order dtd. 08/12/2022. Therefore, Mr Talaulikar submitted that the GSEC should not have issued the final delimitation order dtd. 27/03/2023 by accepting the incorrect exercise undertaken by the ERO and the AERO.