Panaji, 17th August, 2020 (Sravana 26, 1942)

SERIES II No. 20

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Elections

Goa State Election Commission

Notification

No. 4/21/GMCNSE/SEC-2019/1059

As per the provisions of Section 10A of the Goa

Municipalities Act, 1968 which deals with the

election of the Municipal Councils; the

superintendence, direction and control of the

preparation of electoral rolls for, and the conduct

of, all elections to the Council has been vested in

the State Election Commission constituted under

Section 237 of the Goa Panchayat Raj Act, 1994.

2. In accordance with the provisions existing

under Article 243 U(1) of the Constitution of India,

the duration/term of Municipalities has been fixed

as five years from the date appointed for its first

meeting and no longer; and as per Article 243

U(3), an election to constitute a Municipality shall

be completed before the expiry of its duration as

specified in Clause (1).

3. The responsibility for fixation of the dates,

timings and places of various stages of election

has been vested in the State Election Commission

as per the provisions contained in the Rule 4 of the

Goa Municipalities (Election) Rules, 1969 which is

reproduced below:

(1) For the purpose of holding a general election,

the State Election Commission shall by order

in Form I, appoint:-

the last date, time and place for making

nominations;

551

Suggestions are welcomed on e-mail: dir–[email protected]

the date, time and place for scrutiny of

nominations, which shall be a date not later

than the third day after the last date for

making nominations;

the last date for withdrawal of candidature,

which shall be a date not later than the

third day for scrutiny of nominations;

the date or dates on which a poll shall, if

necessary, be taken, which or the first of

which dates shall be a date not earlier than

the twelfth day after the last date for the

withdrawal of candidatures, and the time

during which the poll shall be taken on

the date or dates so fixed:

Provided that, such date or dates shall not be

earlier than two months before the date of expiry

of terms of office of councillors of the council to

which such election is to be made and shall not be

later than fifteen days before the date of such

expiry:

Provided further that in the case of the first

general elections to be held under the Act, the

date or dates to be fixed for the poll shall be such

as the State Election Commission may deem fit,

but such date or dates shall not be earlier than the

twelfth day after the last date for the withdrawal

of candidatures.

(e)

the date or dates, time and place for the

counting of votes, and

(f)

the dates, time and places for other stages

of the elections.

(2) The State Election Commission shall, not less

than seven days before the last date fixed for the

nomination of candidates, cause the order under

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

(EXTRAORDINARY)

17TH AUGUST, 2020

552

sub-rule (1) to be published as a public notice in

the same manner as is provided in Clauses (a) and

where there are local newspapers, also additionally

by publication in one or more of such newspapers.

The State Election Commission shall also arrange

to give wide publicity to the election programme

by affixing copies of the order in local languages

at the municipal office and at such other

conspicuous places within the municipal area as

may be deemed fit and by causing the said order

to be published in such other manner as deems fit.

4. The term of office of the 11 Municipal Councils,

namely, Bicholim, Cuncolim, Curchorem-Cacora,

Canacona, Mapusa, Margaon, Mormugao, Pernem,

Quepem, Sanguem and Valpoi expires on

04th November, 2020 as the first meeting of the

Councillors was held on the 05th November, 2015;

and therefore, the elections have to be conducted

atleast 15 days before the date of such expiry of

their term as per Rule 4(1)(d) quoted above.

5. The election programme is required to be

published by the State Election Commission at

least seven days before the last date fixed for

nomination as per Rule 4(2).

6. The list of voters for different wards of the

Municipal areas are mandated to be prepared,

authenticated and also kept open for public

inspection at the municipal office atleast one month

before the last date fixed for nomination of

candidates as per the provisions of Section 11 of

the said Act which reads as hereunder.—

(1) The electoral roll of the Goa, Daman and

Diu Legislative Assembly prepared under

the provisions of the Representation of the

People Act, 1950, and for the time being in

force on such date as the State Election

Commission may by general or special order

notify in this behalf (being a date not earlier

than one month from such notification) for

such constituency of the Assembly or any

part thereof as is included in the municipal

area, shall be divided into different sections

corresponding to the different wards in the

municipal area; and a printed copy of each

section of the roll so divided and

authenticated by such officer shall be the

list of voters for each ward. The ward lists

shall collectively be deemed to be the

municipal voter’s list.

(2) Such officer shall maintain the lists of voters

prepared under sub-section (1) and the lists

so maintained shall be deemed to be the

authentic lists for all elections under this

Act.

(3) Atleast one month before the last date fixed

for nomination of candidates for every

general election, such officer shall keep

open for public inspection at the municipal

office and at such other places in the

municipal area as the State Election

Commission may fix, copies of the list of

voters of each ward maintained under

sub-section (2).

7. Accordingly, the Returning Officers who are

appointed by the State Election Commission for

conduct of elections will be required to complete

the task of making municipal voter’s lists available

for public inspection latest by 03rd September, 2020

keeping in view the time gap to be observed

between different stages involved in the election

process in accordance with the provisions

contained in the Rule 4 as stated hereinabove.

8. The Returning Officers may also need atleast

two weeks time for preparation of the ward wise

lists of voters; therefore, they ought to be appointed

by the Commission without any further loss of time.

9. The Commission had fixed 18th October, 2020

as the date to conduct the General Election to the

11 Municipal Councils in the month of December,

2019 itself and had asked the Government vide

letter No. 4/21/GMCNSE-2019/SEC/1214 dated

10-12-2019 to notify the delimitation of wards in

each municipal council so as to enable the State

Election Commission to prepare the list of voters

and keep it open for public inspection. Further, the

Government was also requested to notify the

reservation of seats for women, scheduled castes,

scheduled tribes or other backward class as

required under Section 10 of the said Act.

10. The Department of Urban Development

(Municipal Administration) vide their letter

No. 10/821-2019-DMA/Election to 11 MC/3233

dated 07-01-2020 while conveying the approval of

the Government to conduct the election for 11

municipal councils on 18th October, 2020 (which

approval under the Rules is not required) intimated

that the delimitation of wards in these municipal

councils shall be intimated immediately. And the

Department of Urban Development vide their letter

10/821-2019-DMA/Election to 11 MC/1133 dated

05-08-2020 forwarded the Gazette notification dated

07th July, 2020 pertaining to the delimitation of

wards to the Commission. The reservation of wards

in these municipal councils is yet to be notified by

the Government.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

(EXTRAORDINARY)

17TH AUGUST, 2020

553

11. In view of the Constitutional provisions that

mandate holding of elections timely, i.e.; before the

expiry of their tenure and also in the light of the

statutory provisions as contained in the Goa

Municipalities Act, 1968 and Goa Municipality

(Election) Rules, 1969, it is necessary that the

Commission notifies the election programme/

/schedule without any further loss of time so that

the voters lists are kept open for public inspection

latest by 03rd September, 2020. However, the

Commission has been noticing through the

Government sources as also the media reports that

during the period from 15th July, 2020 to 14th

August (31 days), a total of 7986 Covid positive

cases have been reported and 74 persons have

died. Thus the average number of Covid positive

cases being reported daily during this period is

258. Although it is also a fact that the number of

persons recovering from Covid has also been going

up progressively.

12. The Commission has given a thoughtful

consideration to the developing Covid situation in

the State of Goa as a whole because the 11

municipal councils are located at different

geographical positions in the State and the cases

are being reported from almost all over the State

presently. It has also considered the fact that the

electioneering would not only involve participation

of a large number of people but also movement of

the manpower and the machinery required for

conducting the election from one place to other.

The Commission has also taken into consideration

the guidelines issued by the Government of India

for maintenance of health related protocols as also

the instructions issued by the Government of Goa

for the people, to be observed while being at public

places. The election process also involves holding

of public meetings/rallies/processions in which

enforcing the health protocols and regulating the

number of participants in the gatherings, restricted

as per the Government instructions will be a serious

issue.

13. The Commission sincerely realises its due

importance and solidly stands by the need for the

fullest compliance of all health related protocols

by all concerned and cannot afford to create a

situation which becomes another reason for the

spread of this pandemic further resulting in the

rise of number of Covid cases in the State.

14. The Commission is also conscious of the fact

that the officers responsible for conduct of the

elections like ROs and AROs are going to be from

amongst the officers who are presently working as

the Deputy Collectors and Mamlatdars respectively.

And also the fact that these officers are currently

engaged in the management of Covid situation in

the field from administrative point of view almost

on a full time basis, therefore, it would not be

appropriate to burden them with additional

responsibility of conducting elections in this

critical phase.

15. The Commission, has therefore, weighed the

competing demands of holding a timely, free and

fair municipal election to comply with the legal

provisions with the demands of health and medical

security of the public/voters in view of the rising

trend noticed in the Covid positive cases presently.

The people, Commission considers, occupy not only

the centre and the periphery but the entire

political landscape of the country because the

democracy is not only of the people, but also by

the people and for the people. The Commission

simply in order to hold the elections to the

municipal councils timely, cannot afford to

compromise with the health and safety of the people

/voters/candidates/election staff and the security

staff; which it considers as the matter of paramount

concern; in the wake of the developing situation of

Covid.

16. The Commission has also noted that the local

body elections that were to be held in the month

of March, 2020 in the States of Andhra Pradesh,

Telangana, West Bengal and Bihar have been

postponed in view of the Covid pandemic by their

respective State Election Commissions. Besides

above, the general elections to the Zilla Panchayats

in Goa fixed for 22nd March, 2020 had also to be

postponed for the same reason.

17. The Hon’ble High Court of Bombay at Goa

while disposing of the case seeking the

postponement of the general elections to the Zilla

Panchayats fixed for 22nd March, 2020 in the matter

of Kenneth Ian Stewart Silveira & Anr. v/s State of

Goa & Anr. in the PIL WP No. 17 of 2020 had inter

alia; made following observations:

“Para 29. The holding of timely elections in a free

and fair manner is no doubt the basic feature not

only of a democracy, but 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

refrain from moving outdoors, unless it is really

necessary ............................”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

(EXTRAORDINARY)

17TH AUGUST, 2020

554

18. The Corona pandemic has already been

declared as a disaster by the Government of India

and as a consequence thereof, a series of measures

have been taken and still being undertaken to

contain the spread of the COVID almost everywhere

including the State of Goa but the fact remains

that the cases are still being reported from different

parts of the State.

19. The Hon’ble Supreme Court of India in its

landmark judgement in Kishan Singh Tomar V/s

The Municipal Corporation of the City of

Ahmedabad dated 19-10-2006 in Appeal (Civil)

No. 5756 of 2005 has held that the elections can be

postponed for genuine supervening difficulties and

exceptional circumstances, such as natural

calamities like floods, earthquake or manmade

calamities like rioting or breakdown of law and

order till the normalcy is restored.

20. The Commission under the prevailing

circumstances is of the firm opinion that the

current situation certainly presents exceptional

circumstances before it and appreciates very well

that there are going to be genuine difficulties

in holding free and fair general elections to the

11 Municipal Councils which is scheduled on

18th October, 2020. The Commission also considers

that the life of the people cannot be put to risk by

notifying the election programme in accordance

with the provisions of the Rule 4 of the Goa

Municipal (Election) Rules, 1969 and thereby

allowing the election process to begin at this

juncture.

21. Now therefore, after giving a careful

consideration to all the circumstances as aforesaid

and in exercise of powers conferred under Article

243K and 243ZA of the Constitution of India, the

State Election Commission, hereby order that the

general elections to the 11 Municipal Councils fixed

for 18th October, 2020 are postponed for a period

of three months.

R. K. Srivastava, State Election Commissioner.

Altinho, Panaji, 17th August, 2020.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 4.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—162/160—8/2020.