MENINO DA CRUZ Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioner, a Corporator duly elected for Ward no. 19, Corporation of City of Panaji for two terms, has raised a challenge to the constitutional validity of Sec. 9(2) introduced in the City of Panaji Corporation by the (Amendment) Act, 2005 published in the Official Gazette, Series I no. 46 (Extraordinary-II) dtd. 16/2/2025, which has come into effect from 24/9/2024.

(2.) We have heard the learned Counsel Mr. Rohit Bras De Sa for the Petitioner, who has advanced submissions in support of the Petition and, according to him, vesting the power of delimitation of the Municipal wards in the Director of Municipal Administration, instead of the Election Commission violates the basic structure of the Constitution of India.

(3.) Alleging that the amendment compromise the impartiality of the electoral process which, is expected by the Constitution to be free and fair and by assigning the functions of delimitation to the administrative machinery, there is violation of the principle of separation of power, which has received recognition as the basic structure of the Constitution. It is his specific contention that the amendment has undermined the free and fair elections, which is corner stone of democracy and part of the basic structure.