Case Note & Summary
The petitioner, M/s M. R. F. Limited, a company registered under the Companies Act, 1956, challenged a notification dated 09/03/2015 issued by the State of Goa declaring a public holiday for private establishments on account of Zilla Panchayat election. The petitioner argued that the State Government lacked the power to declare a holiday for private establishments and that such a declaration was arbitrary and unreasonable. The respondents, including the State of Goa, the Goa State Election Commission, and various trade unions, supported the notification. The Court, after hearing the parties, held that the State Government has the power under Section 25 of the Goa Panchayat Raj Act, 1994 to declare a public holiday for elections. The Court noted that the right to vote is a fundamental right and the State is empowered to take steps to facilitate its exercise. The Court also observed that the petitioner had already taken steps to enable its workmen to exercise their voting rights, and thus no ad-interim relief was granted. The petition was dismissed, upholding the notification.
Headnote
A) Constitutional Law - Right to Vote - State's Power to Declare Holiday - Section 25 of Goa Panchayat Raj Act, 1994 - The State Government issued a notification declaring a public holiday for private establishments on the day of Zilla Panchayat elections. The petitioner, a private company, challenged the notification. The Court held that the State Government has the power under Section 25 of the Goa Panchayat Raj Act, 1994 to declare a public holiday for elections, and such a declaration is not arbitrary or unreasonable. The right to vote is a fundamental right, and the State is empowered to facilitate its exercise. (Paras 2-5)
Issue of Consideration
Whether the State Government has the power under Section 25 of the Goa Panchayat Raj Act, 1994 to declare a public holiday for private establishments on the day of Zilla Panchayat elections.
Final Decision
The petition was dismissed. The Court upheld the notification dated 09/03/2015 declaring a public holiday for private establishments on the day of Zilla Panchayat election.
Law Points
- Power of State Government to declare public holiday for Zilla Panchayat elections
- Section 25 of Goa Panchayat Raj Act
- 1994
- Right to vote
- Reasonable restrictions on business
Case Details
Writ Petition No. 198 of 2015
F. M. Reis, Nutan D. Sardessai
Shri G.K. Sardesai, Shri P. Dangui, Shri S.N. Joshi, Shri Ryan Menezes, Shri M. S. Bandodkar
State of Goa, Goa State Election Commission, Goa M.R.F. Welfare Union, Goa MRF Employees Union, Goa MRF Union, MRF Employees Union
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging a notification declaring a public holiday for private establishments on the day of Zilla Panchayat election.
Remedy Sought
The petitioner sought to quash the notification dated 09/03/2015 issued by the State Government.
Filing Reason
The petitioner contended that the State Government lacked the power to declare a holiday for private establishments and that the notification was arbitrary.
Previous Decisions
The Court had refused ad-interim relief on 18/03/2015 as the petitioner had already taken steps to enable workmen to vote.
Issues
Whether the State Government has the power under Section 25 of the Goa Panchayat Raj Act, 1994 to declare a public holiday for private establishments on the day of Zilla Panchayat elections.
Submissions/Arguments
Petitioner argued that the State Government lacked the power to declare a holiday for private establishments and that the notification was arbitrary and unreasonable.
Respondents supported the notification, stating that the State has the power to declare a holiday to facilitate voting.
Ratio Decidendi
The State Government has the power under Section 25 of the Goa Panchayat Raj Act, 1994 to declare a public holiday for elections, and such a declaration is not arbitrary or unreasonable. The right to vote is a fundamental right, and the State is empowered to facilitate its exercise.
Judgment Excerpts
The above petition takes exception to the Notification dated 09/03/2015 issued by the State Government declaring a public holiday to the private establishments on account of Zilla Panchayat election.
When the matter was taken up for hearing on 18/03/2015, we refused ad-interim relief to the petitioner considering that the petitioner had already taken some steps to enable the concerned workmen to exercise their voting rights...
Procedural History
The petition was filed in 2015. On 18/03/2015, the Court refused ad-interim relief. The matter was heard and judgment delivered on 22/08/2016.
Acts & Sections
- Goa Panchayat Raj Act, 1994: Section 25
- Companies Act, 1956:
