Kenneth Ian Stewart Silveira v. State of Goa, Through its Chief Secretary
2020-03-21
M.S.JAWALKAR, M.S.SONAK
body2020
DigiLaw.ai
JUDGMNT : M.S. SONAK, J. 1. Heard Ms. Laxmi Sawant for the Petitioner, Mr. Deep Shirodkar, learned Additional Government Advocate for Respondent No.1, Mr. S.N. Joshi, with Ms. S. Joshi for Respondent No.2 and Mr. Varun Bhandanker for the Intervenor. 2. Rule. Rule is made returnable forthwith, with the consent of and at the request of the learned Counsel for the parties. 3. On an urgent motion, this Public Interest Litigation was taken up for consideration on 20th March, 2020. On the said date, we made the following order : 1. Heard learned Counsel for the parties. 2. 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'. 3. The learned Advocate General and Mr. Joshi, learned Counsel for the State Election Commissioner (SEC) have made a statement that in deference to call for 'Janata Curfew' given by the Honourable Prime Minister on 22nd March, 2020, the polling date has been postponed to 24th March, 2020. 4. 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. He submitted that 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. He, however, pointed out that before any dates are changed, ordinarily, previous sanction of the SEC is necessary. He submits that since the SEC was involved in the decision making process, such sanction is present. 5. The learned Advocate General submits that the decision to not postpone the polling any further, is broadly based upon the following reasons : (a) Upto now not a single case of COVID-19 is tested positive in the State of Goa; (b) Precautionary measures are in place to see that no such positive tested patients enter State of Goa; (c) Several steps have been taken to enforce social distancing at the polling booths and the SEC itself has issued several directives in this regard; (d) There is no guarantee whether the situation on COVID-19 will improve in future or not.
Therefore, this is the appropriate stage at which elections can be held and concluded; (e) That the Panchayat Raj Act, as well as the Constitution of India mandates a freshly elected committee to be in place before the expiry of the 5 year term of the previous committee. This term expires on 24th March, 2020 and, therefore, polling has to take place on or before the said date. 6. Mr. Joshi on behalf of the SEC made a statement that the SEC has gone by the decision of the Government in this matter. However, at a later stage, he attempted to explain that the SEC was also involved in the decision making process and this fact is made clear in the affidavit which he belatedly handed over to the Court. 7. The Central Government, as well as the State Government have issued several directives to combat the threat which this pandemic poses. The directives advise reduction of mass gatherings to avoid the spread of COVID-19 Novel Corona Virus Disease. The directives advise postponement of mass gatherings like sporting events, competitions or religious events. The directives advise the installation of thermal scanners and hand sanitizers at the entry of Government buildings, advise even holding of meetings, as far as possible, through Video Conferencing, restrict entries to visitors, postpone meetings with Government officials. The staff has been advised to work from home and the people have been advised, as far as possible, to restrict travel or moving outdoors, taking into consideration the medical and scientific data relating to the spread of this virus. 8. Before, we address the reasons referred to by the learned Advocate General, it is necessary to refer to the affidavit on behalf of the SEC. The affidavit, really does not endorse most of the reasons referred to by the learned Advocate General except, perhaps, the reason that the term of the earlier committee is to expire on 24th March, 2020. 9. In paragraph 4 of the affidavit, there is a statement that since campaigning has concluded, there is no possibility of any mass gathering. The learned Advocate General has, on instructions, stated that the polling involves about 8.13 lac voters from out of the population of the State of Goa which is in the range of 15 to 16 lakhs.
9. In paragraph 4 of the affidavit, there is a statement that since campaigning has concluded, there is no possibility of any mass gathering. The learned Advocate General has, on instructions, stated that the polling involves about 8.13 lac voters from out of the population of the State of Goa which is in the range of 15 to 16 lakhs. He has stated that there will be 1210 polling booths which will be manned by approximately 8 polling staff, thereby, involving around 10,000 staff members in the polling process. He, no doubt, submitted that each polling booth has about 500 to 700 voters enlisted and this voting is only in rural and not urban areas. 10. Despite all this, at least prima facie, we fail to see as to how the entire exercise involving almost half the population of the State of Goa does not constitute 'mass gathering' which, the directives issued by the Central Government, State Government and the WHO seek to regulate. 11. In paragraphs 5 and 6 of the affidavit filed on behalf of SEC, there is reference to absence of total bar on mass gatherings. There is reference to the meeting held in the chamber of the SEC which was attended, inter alia, by the Director of Health Services, and the decision taken for compliance with the WHO protocol, like providing of masks and sanitizers. The minutes annexed to the affidavit, indicate that the emphasis was on taking preventive measures particularly by the staff involved at the polling stations and the counting centres, to curb the spread of COVID-19. 12. Thereafter, Paragraph 12 of the affidavit on behalf of SEC is quite important and the same reads as follows : '12. I say that postponement of elections at this stage would create a situation whereby the term of the sitting Zilla Panchayats would get over and delay in holding the elections further would stop the functioning of the Zilla Panchayats in totality. However, in view of the call for 'Janata Curfew' by the Hon'ble Prime Minister of India, there is a concern about the possible low participation in the poll by the voters on 22/03/2020. However, in view of the Janata Curfew declared by the Hon'ble Prime Minister of India, the Government may have to take the call on the date of polls.' 13.
However, in view of the Janata Curfew declared by the Hon'ble Prime Minister of India, the Government may have to take the call on the date of polls.' 13. The aforesaid means that even the SEC has gone by the factor that the term of 5 years expires on 24th March, 2020 and thereafter, the functioning of the Zilla Panchayats might come to a standstill. The statement in paragraph 12 then refers to the appeal by the Honourable Prime Minister and finally ends by saying that 'the Government may have to take a call on the date of polls'. 14. At least, prima facie, it appears that the SEC, consistent with the initial statement made by its Counsel, has gone by the decision of the Government and at least the affidavit does not indicate that there has been any serious and independent application of mind by the SEC to the impact of this pandemic upon the proposed exercise involving more than half of the population of the small State of Goa. 15. Since, both the State Government and the SEC have referred to the call given by the Honourable Prime Minister for a Janata Curfew, it is necessary to refer to certain extracts from the address of the Honourable Prime Minister delivered on 19th March, 2020. “Over the last two months, we are continuously observing and hearing of grave Corona virus related news. In these two months, the 130 crore citizens of India have ably dealt with the global Corona pandemic and have exercised due caution. However, in the past few days, it is appearing as if we have averted the crisis, and everything is okay. Complacency in respect of a global pandemic like Corona is not appropriate. Therefore, it is essential that each and every Indian remains alert and cautious. ….Study of the countries most affected by Corona virus has revealed another aspect. In these countries, the spread of the disease has witnessed almost an explosion after the initial few days. The number of people infected by Corona has grown at a rapid pace. Government of India is constantly keeping a close watch on this situation, and this track record of the spread of Corona. During such a pandemic, only one mantra can take us through –‘Hum Swasth, toh Jag Swasth’, that is the world will be healthy, if we stay healthy.
Government of India is constantly keeping a close watch on this situation, and this track record of the spread of Corona. During such a pandemic, only one mantra can take us through –‘Hum Swasth, toh Jag Swasth’, that is the world will be healthy, if we stay healthy. In a situation like this, where there is no known cure for the disease, it is imperative that we stay healthy. Patience is an essential virtue to avoid this disease, and keep oneself healthy. And how does one practice patience? By staying away from crowds and gatherings, avoiding leaving your homes. This is called ‘Social Distancing’ nowadays, and is critical in these times of the global corona pandemic. Our determination and patience will play a crucial role in containing the impact of this global pandemic. It is wrong if you believe that you are okay and nothing can happen to you, and you can continue roaming around in markets and streets as usual and remain unaffected. By doing this, you will not only be unjust to yourself but also to your family. Keeping this in mind, I appeal to you all that for the next few weeks, step-out of your homes only when absolutely necessary. As far as possible, try and do your work, whether related to business or job, from home. While it is essential that those who are in government services, healthcare services, people’s representatives, media personnel remain active. Everybody else must however, isolate themselves from the rest of society. Today, I request my fellow citizens for support on one more issue, that of people’s curfew. People’s curfew means a curfew imposed for the people, by the people, on the people themselves. This people’s curfew will in a way be a litmus test for us, for our nation. This is also the time to see and test how prepared India is for fighting off a Corona like global pandemic. I thus, urge you to as much as possible, avoid going to the hospital for routine check-ups. When necessary, you could get the required guidance over phone from your known local doctor, family doctor, or some relative who is a doctor. In case you have a nonessential, elective surgery scheduled, I would urge you to postpone it by a month.” [emphasis supplied] 16.
When necessary, you could get the required guidance over phone from your known local doctor, family doctor, or some relative who is a doctor. In case you have a nonessential, elective surgery scheduled, I would urge you to postpone it by a month.” [emphasis supplied] 16. At least prima facie, postponing the elections symbolically from 22nd March to 24th March, 2020 is paying mere lip service to the call given by the Honourable Prime Minister to combat the spread COVID-19. 17. The Honourable President of India, his article published in the Times of India dated 20th March, 2020 (today) has also made the following significant observations urging the citizens to weather this COVID-19 storm together but learn the right lessons. “The outbreak has forced us to keep a respectful distance from others. This isolation, self-imposed or medically mandated, can be taken as an ideal opportunity to ponder on our journey so far and the future path. As we are passing through a tough phase, let's turn this challenge into an opportunity and try to decipher what nature has been telling us through this crisis. We all know that hygiene is the first and obvious lesson. Precaution is the only cure for this new strain of coronovius. As precaution, what doctors advice is basis hygience, apart from social distancing. Sanitation and cleanliness are among the humblest of the civic virtues, and it's easy to underestimate their significance. It needed a Mahatma to attach the utmost priority to them. In South Africa and in India, his historic campaigns always began with or ran parallel to the question of sanitation and hygiene. Though voluntary services through social mobilisation are not encouraged due to the highly contagious nature of the disease, there are many ways in which people can help contain and mitigate the viral spread. Every citizen can contribute towards raising awareness and equally by refraining from spreading panic, taking prudent precautions advised by the government. Those who can should also share resources, especially with less resourceful neighbours, and senior citizens who are vulnerable to the disease. The coronavirus challenge underscores the necessity for "action in absence of crisis". 18.
Every citizen can contribute towards raising awareness and equally by refraining from spreading panic, taking prudent precautions advised by the government. Those who can should also share resources, especially with less resourceful neighbours, and senior citizens who are vulnerable to the disease. The coronavirus challenge underscores the necessity for "action in absence of crisis". 18. There are several reports from scientific and medical fraternity, which are referred to by the Government agencies themselves to point out that the following two weeks are quite crucial in combating the spread of COVID- 19, which has the unfortunate potential of growing 'exponentially'. 19. In the article entitled 'Why outbreaks like coronavirus spread exponentially, and how to 'flatten the curve' by Harry Stevens in the Washing Post, he describes how reports of infections trickled in slowly in February, 2019, but two months later, the trickle has turned into a steady current. He says that if number of cases were to continue in double every day, there would be about 100 million cases in United States by May. He adds that is math, not prophecy. The spread can be slowed, public health professionals say, if people practice 'social distancing' by avoiding public spaces and generally limiting their movement.” 20. Statistics refer to 2,45,730 cases being detected world-over, followed by 10,046 deaths. No wonder, the Central Government has issued several directives to combat this threat which is described as a 'pandemic'. The State Election Commissions of Odissa and Andhra Pradesh, vide notifications dated 16.3.2020 and 15.3.2020 have responded to these directives and postponed elections to Panchayats and Zilla Panchayats by invoking its powers under Article 243K and 243ZA of the Constitution. The notifications refer to the directives as well as measures like closing down of schools, colleges, malls, etc. 21. The State of Goa, conscious of its obligations in such a situation has also issued several directives closing downs down of schools, colleges, malls, cruises, gatherings, etc, so as to combat this serious threat. The material on record suggests that the State Government has taken several steps and there is presently no scope to accept any contentions to the contrary. 22. The fortunate circumstance that till date not a single case has tested positive must not, as stated by the Honourable Prime Minister, induce 'complacency'. The precautionary measures cannot include mere provision of masks or sanitizers to the polling staff.
22. The fortunate circumstance that till date not a single case has tested positive must not, as stated by the Honourable Prime Minister, induce 'complacency'. The precautionary measures cannot include mere provision of masks or sanitizers to the polling staff. The fact that there is uncertainty as to when this phase will pass, at least prima facie, is no good ground to proceed without the SEC genuinely applying its mind to the issue as to whether holding of polls is conducive on 24th March, 2020, when, the directives, advisories, medical and scientific literature refer to this phase as the exponential phase and advises moving outdoors, only if absolutely necessary. The precautions of masks and sanitizers are basically in the context of services which are absolutely vital to combating this pandemic. 23. The circumstance that the 5 year term ends on 24th March, 2020, is no doubt a relevant circumstance, however, not a disabling circumstance. The affidavit on behalf of the SEC seems to indicate that the SEC finds its discretion fettered on account of such circumstance, which, prima facie, may not be correct. 24. In Kishansing Tomar vs. Municipal Corporation of the City of Ahmedabad and others, (2006) 8 SCC 352 , the Hon'ble Supreme Court whilst emphasizing on the mandatory requirement of ensuring that a new Municipality is constituted in time, and elections to the Municipality are conducted before expiry of its duration of 5 years, made the following observations at para 21 : “21. It is true that there may be certain man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections to the municipality, but they are exceptional circumstances and under no (sic other) circumstance would the Election Commission be justified in delaying the process of election after consulting the State Government and other authorities. But that should be an exceptional circumstance and shall not be a regular feature to extend the duration of the municipality.” 25. In the Matter of Special Reference No.1 of 2002 (Gujarat Assembly Election Matter), (2002) 8 SCC 237 , the issue which was referred to the Constitution Bench of the Hon'ble Supreme Court under Article 143 of the Constitution was, whether Article 174 is subject to the decision of the Election Commission of India under Article 324 as to the schedule of election to the Assembly. 26.
26. The Constitution Bench took cognizance of the situation where the Election Commission may not be in a position to conduct a free and fair elections because of certain natural calamities. Even in such situations, the Election Commission must endeavour to conduct elections at the earliest making use of all the resources within its command. 27. Pasayat, J., made the following significant observations : “Free, fair and periodic elections are part of the basic structure of the Constitution of India (in short “the Constitution”). In a democracy the little man – voter -has overwhelming importance and cannot be hijacked from the course of free and fair elections. 108. “Democracy” and “free and fair election” are inseparable twins. There is almost an inseverable umbilical cord joining them. The little man’s ballot and not the bullet of those who want to capture power (starting with booth-capturing) is the heartbeat of democracy. Path of the little man to the polling booth should be free and unhindered, and his freedom to elect a candidate of his choice is the foundation of a free and fair election.” 28. At paragraphs 151 and 153, this is what was observed : “151. The impossibility of holding the election is not a factor against the Election Commission. The maxim of law impotentia excusat legem is intimately connected with another maxim of law lex non cogit ad impossibilia. Impotentia excusat legem is that when there is a necessary or invincible disability to perform the mandatory part of the law that impotentia excuses. The law does not compel one to do that which one cannot possibly perform. “Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and has no remedy over it, there the law will in general excuse him.” Therefore, when it appears that the performance of the formalities prescribed by a statute has been rendered impossible by circumstances over which the persons interested had no control, like an act of God, the circumstances will be taken as a valid excuse. Where the act of God prevents the compliance with the words of a statute, the statutory provision is not denuded of its mandatory character because of supervening impossibility caused by the act of God. (See Broom’s Legal Maxims, 10th Edn., at pp.
Where the act of God prevents the compliance with the words of a statute, the statutory provision is not denuded of its mandatory character because of supervening impossibility caused by the act of God. (See Broom’s Legal Maxims, 10th Edn., at pp. 1962- 63 and Craies on Statute Law, 6th Edn., p. 268.) These aspects were highlighted by this Court in Special Reference No. 1 of 1974. Situations may be created by interested persons to see that elections do not take place and the caretaker Government continues in office. This certainly would be against the scheme of the Constitution and the basic structure to that extent shall be corroded. 153. Free and fair election is the sine qua non of democracy. The scheme of the Constitution makes it clear that two distinct Constitutional Authorities deal with election and calling of session. It has been pointed out to us that as a matter of practice the elections are completed within a period of six months from the date of dissolution, on completing the prescribed tenure or on premature dissolution except when for inevitable reasons there is a delay. The Election Commissioner is a high Constitutional Authority charged with the duty of ensuring free and fair elections and the purity of electoral process. To effectuate the constitutional objective and purpose it is to draw upon all incidental and ancillary powers. Six months’ period applicable to elections held on expiry of the prescribed term would be imperatively applicable to elections held after premature dissolution. This of course would be subject to such rare exceptional cases occasioned on account of facts situation (like acts of God) which make holding of elections impossible. But man-made situation intended to defer holding of elections should be sternly dealt with and should not normally be a ground for deferring elections beyond six months’ period, the starting point of which would be the date of dissolution. As was observed in Digvijay Mote v. Union of India [ (1993) 4 SCC 175 ]:” 29. The holding of timely elections in a free and fair manner is no doubt the basic feature not only of a democracy, but of our Constitution as well.
As was observed in Digvijay Mote v. Union of India [ (1993) 4 SCC 175 ]:” 29. The holding of timely elections in a free and fair manner is no doubt the basic feature not only of a democracy, but of our Constitution as well. However, a free and fair election, postulates existence of circumstances in which the voters are in a position to exercise their franchise in a free and fair manner unhindered by a looming pandemic, not to mention the several directives and advisories to even refrain from moving outdoors, unless, it is really necessary. Ultimately, democracy is a Government of the people, by the people and for people. Therefore, even in compliance with the democratic principle of holding timely elections, the lives of the voters cannot be put to stake. The SEC, in such situation, will have to weigh the competing demands of holding a timely, free and fair election with the demands of health and medical security of its people. 30. Therefore, amidst the rampage of this virus, the Constitutional Court cannot stand still. We are quite conscious of the limits of our jurisdiction specially when it comes to election schedules. But in a situation where both, the Central as well as the State Government, nay the mankind is battling this extraordinary situation created by this virus, any wholesale restraint in exercising this extraordinary jurisdiction might sound in the arena of abdication. 31. Whilst we do appreciate and recognize that these are matters primarily for the SEC to decide or take the first call, we also do feel that this call has to be a considered one. The decision making process leading to this call must embrace relevant considerations and eschew irrelevant ones. The voluminous material in the form of directives and advisories from the Central Government, the State Government or the appeals made by the Honourable Prime Minister and the Honourable President of India, cannot simply be ignored or take lightly. Particularly, the advise on complacency setting in, has to be considered seriously, having regard to the potential and proportions of the pandemic. 32. The decisions in such vital matters, cannot be based upon the fact that the term of the earlier committee is coming to an end on 24th March, 2020. The SEC, cannot abdicate its power and thereby shirk from discharging its responsibility. 33.
32. The decisions in such vital matters, cannot be based upon the fact that the term of the earlier committee is coming to an end on 24th March, 2020. The SEC, cannot abdicate its power and thereby shirk from discharging its responsibility. 33. There is absolutely nothing wrong in the State Government and the SEC consulting one another. However, considering the constitutional position of the SEC, independent application of mind by the SEC is an imperative. To begin with the SEC has to take a decision in the matter on the poll date and this is not a matter which the SEC can simply go by the decision of the Government, which, it appears, it has done, going by the last sentence in paragraph 12 of its affidavit. 34. Deferring to the constitutional position of the SEC, we direct the SEC to take a decision on the advisability of proceeding with the polls on 24th March, 2020 and to place such decision together with its reasons before us on 21st March, 2020. At present, all that we say is that the SEC must take into account the relevant considerations flowing from the various advisories and directives from the Central Government and eschew irrelevant considerations. The SEC to state its decision and reasons on affidavit. 35. We post this matter for further consideration on 21st March, 2020 at 12.00 noon. We make it clear that the observations made in this order are only prima facie. 36. All concerned to act on the basis of an authenticated copy of this order.” 4. In terms of the directions contained in our order dated 20th March, 2020, Shri Rajesh Kumar Srivastava, the State Election Commissioner (SEC) has filed an affidavit. Paragraphs 3 to 10 of this affidavit, read as follows : “3. In compliance of the Order of this Hon’ble Court, I considered the directives and advisories issued by the Central Government, State Government and World Health Organisation (WHO) to combat the threat of Covid-19 Novel Corona Virus disease. I considered the fact that elections to the Zilla Panchayats would involve half of the population of the State of Goa as well as movement of more than 10,000 Government employees. Though we had given instructions to ensure sanitization and mopping of Polling Stations with disinfectants such as Phenyl, Lyzol, Dettol etc.
I considered the fact that elections to the Zilla Panchayats would involve half of the population of the State of Goa as well as movement of more than 10,000 Government employees. Though we had given instructions to ensure sanitization and mopping of Polling Stations with disinfectants such as Phenyl, Lyzol, Dettol etc. as well as a provision for washing hands and an ambulance at the disposal of the Returning Officers, I am not satisfied that these instructions would suffice to prevent spread of deadly disease of Corona virus. I also considered the fact that the expenditure incurred by us on Ballot papers will not get wasted as the same Ballot papers can be used as and when the Polls are conducted at a later date. 4. I have gone through the printed transcript of the address of the Hon’ble Prime Minister of India and his appeal for every Indian National to remain alert and cautious and stay indoors unless absolutely necessary. I have considered the efforts made by the Central Government as well as the other State Governments to prevent spread of Covid-19 in their individual States. 5. I have also gone through the Article of the Hon’ble President of India published in the Times of India dated 20th March, 2020 and the appeal contained therein. In the said article, the Hon’ble President of India appealed that every citizen can contribute towards raising awareness and equally by refraining from spreading panic, taking prudent precautions advised by the Government. 6. I have also gone through the global statistics of about the spread of Corona virus and the preventive as well as remedial steps taken by the individual Countries. 7. On conscious consideration of all the aforesaid material, I came to the conclusion that holding of polls either on 22nd March, 2020 or on 24th March, 2020 or anytime during the next two weeks can cause a potential threat to the health of the citizen participating in the election process as well as the Government Officials on duty including the Police force. 8. I conveyed my aforesaid views to the Government, following which, by a letter under No. 19/DP/Z.P. Election/2019-20/931 dated 20th March 2020, Secretary (Panchayats) Govt. of Goa conveyed to me its decision for postponement and cancellation of elections scheduled on 22nd March 2020. 9.
8. I conveyed my aforesaid views to the Government, following which, by a letter under No. 19/DP/Z.P. Election/2019-20/931 dated 20th March 2020, Secretary (Panchayats) Govt. of Goa conveyed to me its decision for postponement and cancellation of elections scheduled on 22nd March 2020. 9. I say that in my opinion, we cannot conduct the polls for Zilla Panchayats during the next fortnight. I have already conveyed my decision to the Returning Officers, Asst. Returning Officers and other Election related Officials about the postponement of the elections until further orders. 10. I say that I am filing the present Affidavit in compliance of the Order of this Hon’ble Court passed on 20th March, 2020 to convey to this Hon’ble Court my decision to postpone the elections until further orders.” 5. Mr. S.N. Joshi, learned Counsel for the SEC has further stated that presently, the Zilla Panchayat elections have been postponed until further orders and, after a period of two weeks, the SEC will review the position in the light of the circumstances which will then prevail. 6. Mr. Deep Shirodkar, learned Additional Government Advocate has placed on record an order dated 20th March, 2020, signed by the Secretary (Panchayats). 7. The order dated 20th March, 2020, reads as follows : “ORDER WHEREAS the Hon’ble Prime Minister had detailed interaction with all the Chief Ministers of respective States via Video Conferencing. AND WHEREAS in the said interaction, it was specifically pointed out that all social interactions must be avoided at this crucial stage of encountering the menace of Covid-19 virus. AND WHEREAS after considering the above instructions of Hon’ble Prime Minister and the Central Government, the Government of Goa is satisfied that the elections to Zilla Panchayat scheduled on 22nd March 2020 are required to be postponed to avoid social interactions, as aforesaid. AND WHEREAS it is not possible for obtaining the prior approval of the State Election Commission in view of the risk involved to the public and the short time available and emergency and the urgency involved in the matter. AND WHEREAS the Government is satisfied that the circumstances exist to invoke powers under Rule 10 (4) of the Goa Panchayat Raj (Procedure) Rules to postpone and cancel the elections scheduled on 22nd March 2020. AND WHEREAS the Government hereby dispenses with the requirement of obtaining prior sanction of the State Election Commission for the reasons, as aforesaid.
AND WHEREAS the Government is satisfied that the circumstances exist to invoke powers under Rule 10 (4) of the Goa Panchayat Raj (Procedure) Rules to postpone and cancel the elections scheduled on 22nd March 2020. AND WHEREAS the Government hereby dispenses with the requirement of obtaining prior sanction of the State Election Commission for the reasons, as aforesaid. NOW THEREFORE, in exercise of the powers conferred under Rule 10 (4) of the said Rules, the elections to the Zilla Panchayat in the State of Goa scheduled on 22nd March 2020 are hereby postponed and the next date for holding the said elections will be announced by the Government in consultation with the State Election Commission. It is hereby clarified that the entire election process up to the stage of campaigning will be valid and only the date of polling has been postponed to a date which will be notified by the Government subsequently, in consultation with State Election Commission. Sd/- (Sanjay Gihar) Secretary (Panchayats) 20/03/2020” 8. Ms. Sawant, learned Counsel for the Petitioner agrees that with the aforesaid developments, the reliefs prayed for in the Petition stand redressed. Even, according to us, the reliefs prayed for in the Petition stand redressed and this Petition can be disposed of in view of the aforesaid developments. 9. However, before we do so, we record our appreciation at the approach, as well as the decisions taken by the Government of Goa and the SEC, keeping in mind the gravity of the situation and the public interest involved. 10. The Petition is disposed of in the aforesaid terms. There shall be no order as to costs. 11. The Misc. Civil Application Stamp Number (Application) 1016 of 2020 is also disposed of. 12. All concerned to act on the basis of an authenticated copy of this order.