Case Note & Summary
The petitioner, Kenneth Ian Stewart Silveira, filed a Public Interest Litigation before the Bombay High Court at Goa seeking postponement of the Zilla Panchayat elections scheduled for 22nd March, 2020, due to the COVID-19 pandemic declared by the World Health Organization. The petitioner argued that holding elections would endanger public health and safety. The State of Goa and the State Election Commissioner were respondents. An intervenor also appeared. The court heard urgent submissions on 20th March, 2020, and passed an interim order noting that the government had already postponed the polling date to 24th March, 2020, in deference to the 'Janata Curfew' call by the Prime Minister. The Advocate General submitted that under Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, the government had power to change election dates, but ordinarily required previous sanction of the SEC, which was present. The court, however, expressed concern that the pandemic situation was evolving and that a mere two-day postponement might not be sufficient. After hearing all parties, the court directed that the elections be postponed until further orders, and the State Government was to decide a fresh date after consulting the SEC, keeping in mind the public interest and safety. The judgment was delivered on 21st March, 2020, by a Division Bench comprising Justice M.S. Sonak and Justice M.S. Jawalkar.
Headnote
A) Constitutional Law - Public Interest Litigation - Election Postponement - COVID-19 Pandemic - The petitioner sought postponement of Zilla Panchayat elections due to the COVID-19 pandemic declared by WHO. The court considered the threat to public health and safety. Held that the State Government and State Election Commission must take an appropriate decision in public interest, considering the pandemic situation, and the court directed that the elections be postponed until further orders, with the government to decide a fresh date after consulting the SEC. (Paras 1-10)
Issue of Consideration
Whether the Zilla Panchayat elections scheduled on 22nd March, 2020 should be postponed in view of the threat posed by COVID-19 pandemic.
Final Decision
The court directed that the Zilla Panchayat elections be postponed until further orders. The State Government was to decide a fresh date after consulting the State Election Commission, keeping in mind the public interest and safety in view of the COVID-19 pandemic.
Law Points
- Public Interest Litigation
- Election postponement
- COVID-19 pandemic
- Rule 10 of Goa Panchayat and Zilla Panchayat (Election Procedure) Rules
- 1996
- Power to change election dates
Case Details
2020 LawText (BOM) (03) 79
PIL WRIT PETITION NO. 17 OF 2020 WITH STAMP NUMBER (APPLICATION) 1016 OF 2020
M.S. Sonak, M.S. Jawalkar
Ms. Laxmi Sawant for Petitioner, Mr. Deep Shirodkar for Respondent No.1, Mr. S.N. Joshi with Ms. S. Joshi for Respondent No.2, Mr. Varun P. Bhandanker for Intervenor
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Nature of Litigation
Public Interest Litigation seeking postponement of Zilla Panchayat elections due to COVID-19 pandemic.
Remedy Sought
Postponement of Zilla Panchayat elections scheduled on 22nd March, 2020.
Filing Reason
Threat posed by COVID-19 pandemic to public health and safety.
Previous Decisions
The State Government had already postponed the polling date from 22nd March to 24th March, 2020, in deference to the 'Janata Curfew' call.
Issues
Whether the Zilla Panchayat elections should be postponed due to the COVID-19 pandemic.
Submissions/Arguments
Petitioner argued that holding elections would endanger public health and safety due to the COVID-19 pandemic.
Respondent No.1 (State) submitted that under Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, the government had power to change dates, and with SEC's sanction, the polling was postponed to 24th March, 2020.
Respondent No.2 (SEC) supported the government's decision but did not object to further postponement if necessary.
Ratio Decidendi
In a public health emergency like the COVID-19 pandemic, the court can intervene to postpone elections to protect public safety, and the government has the power under Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996 to change election dates in consultation with the State Election Commission.
Judgment Excerpts
This Petition seeks postponement of Zilla Panchayat Elections scheduled on 22nd March, 2020 in view of the threat posed by COVID-19 which is styled as a 'pandemic'.
The learned Advocate General submitted that there was a meeting held yesterday, in which a decision was taken to postpone the elections upto 24th March, 2020, but not beyond.
In terms of Rule 10 of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, the power to appoint dates or to change the dates for holding elections is vested in the Government.
Procedural History
The PIL was filed urgently on 20th March, 2020, and heard on the same day. The court passed an interim order noting the government's decision to postpone polling to 24th March. On 21st March, 2020, after further hearing, the court directed postponement until further orders.
Acts & Sections
- Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996: Rule 10
