Supreme Court refused to interfere with the order of Bombay High Court at Goa dated 28th June, 2022 directing Goa Panchayat elections to be conducted within 45 days instead of the decision of the State to conduct the same after the monsoon season.
Counsel: We only seek time for elections. Till now we've always held polls. But this time because of Delimitation, triple test etc the SEC had to change the dates, we did not object.
HC said have polls in 45 days. Budget session is currently on.
Counsel: Model code of conduct on effect, means we can't even say construct a bridge for releif. My lords have interfered earlier considering natural calamities, please consider this great difficulty.
Bench: We have not asked a single question.
Bench: May be by force or otherwise, but you have issued the election notifications. Not like very willingly you complied with HC which examined your new grounds also. We appreciate you issued. But move SEC? Be institution willing to ho ahead with democratic process.
Counsel cites previous cases of polls in MP, Maha being delayed because of OBC Delimitation.
Order: We find no reason to interfere with HC order or the process of elections. However, in interest of justice, the SEC is free to move the High Court in view of any difficulty.
Bench: On Monsoon we'll pass a comment now.
Counsel: SC has postponed polls earlier. Our problem is that while some would say monsoon is not a calamity, but our contention is it can lead to flash floods etc. Who will give the machinery for relief work amidst polls?
Bench: Polls will be held with your cooperation. Unless there is some determination otherwise.
Counsel: Willing to undertake that we won't ask for time beyond September
Bench: You know that there will be any calamity at that time?!
Adv: Allow us to make budgetary announcements
Bench: Budget session submission is not before us. It doesn't contradict holding of elections.
Counsel: Yes, but model code may prevent relief announcements wrt roads etc. Please give me the liberty.
Bench: No no. We won't allow such expansion. Election only concern.
Bench in another hearing remarks: Wanted to say this in the earlier matter. In beautiful States of Goa and Meghalaya, monsoon can never be a reason to stall travel or something there. They become even more beautiful in monsoon.
