Goa Gazette, No. 2223-14, 13 July 2022

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

Panaji, 13th July, 2022 (Asadha 22, 1944) SERIES II No. 14 PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 6

GOVERNMENT OF GOA

Goa State Election Commission __

Order

No. 3/30/Reservation/GEVP-186/2022-23/SEC/3423

Read: Order No. 3/30/Reservation/GEVP-186/2022- -23/SEC/3343 dated 01-07-2022.

Subject:- Reservation of seats in Village Panchayats for General Elections 2022.

In partial modification of Order referred above which is published in extraordinary Official Gazette, Series II No. 13 dated 01-07-2022, this order is hereby issued.

Whereas, the Goa State Election Commission in exercise of the powers conferred upon notified the reservation of seats for Scheduled Castes (SC), Scheduled Tribes (ST) and Women for 185 Village Panchayats for ensuing General Elections 2022 vide Notification No. 3/30/Reservation/GEVP-186/2022- -23/SEC/3344 dated 01-07-2022.

And whereas, the reservation of seats for Other Backward Classes (OBC) was not provisioned as the backwardness data with regards to OBCs complying the triple test formality as prescribed by the Hon'ble Supreme Court, was not provided to the Goa State Election Commission till the date the above referred order was issued by the Commission.

And whereas, the Government vide its letter dated 06-07-2022, submitted the report/ /recommendations of the Goa State Commission for Backward Classes (GSCBC) with regards to the backwardness of OBCs and reservation of seats for Other Backward classes for ensuing General Elections to Village Panchayats 2022 and informed the following:

a) Government instructed Goa State Commission for Backward Classes (GSCBC) to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State of Goa and to specify the proportion of reservation required to be provisioned local body-wise.

b) GSCBC, vide their letter No. GSCBC/Election/ /2022-23-45/130 dated 05-07-2022 informed that it has conducted contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State of Goa for the purpose of reservation of seats in local bodies for ensuing General Elections to Village Panchayats 2022 through rigorous process which included examination by Commission the data submitted by the Government and collated additional data obtained by the Commission in respect of the past elections of the Village Panchayats and details of previous elected members belonging to the OBC Community.

c) The GSCBC has analyzed the data in respect of every Village Panchayat and assessed the backwardness of OBC community identified in the Village Panchayat in respect to their past representations, dominance, empowerment, literacy status, financial barriers etc. vis-a-vis1605 Suggestions are welcome on e-mail: [email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 14 (EXTRAORDINARY No. 6) 13TH JULY, 2022 the necessity of reservation after holding discussions with the stakeholders/ /representatives wherever required. The GSCBC has further stated that it has also analyzed the data Village Panchayat wise taking into consideration the population of the Village Panchayat as well as the OBC and other relevant data and has made recommendations for reservation of wards in that particular Panchayat for the ensuing Village Panchayat Elections 2022 in compliance with the triple test criteria laid down by Hon'ble Supreme Court.

And whereas, The Government vide letter 07-07-2022 informed that the report submitted vide letter dated 6-7-2022 is of the dedicated Commission and in compliance with the Triple test as laid down by the Hon'ble Supreme Court and requested to reserve the seats for OBCs considering the report submitted by GSCBC without which it would cause great injustice to the said communities as OBCs would be deprived from representation in local bodies.

And whereas, The Committee constituted to propose the reservation of seats examined the said report and observed that GSCBC has considered the Village Population as per Census 2011 as a base and collected the caste wise empirical data for OBCs. The GSCBC has indicated the percentage of OBCs in Village Panchayat, Percent of backwardness among the OBC population, percent of backward OBCs to the total population and recommended the seats to be allotted local body wise for all 12 talukas within the State.

And whereas, Considering the data provided by GSCBC, the Committee decided to reserve the seats for OBCs for General Elections to Village Panchayat, 2022. The Committee also studied the observations by the Hon'ble High Court of Bombay at Goa regarding reservations passed while deciding the petitions filed before it. The Committee also examined the representations received from public regarding reservations.

And whereas, The Committee proposed the seats to be reserved for OBCs Village Panchayat wise, and some modifications to the SC and ST seats in some Village Panchayats considering the reservation notification issued by the Commission on 1-7-2022 and the third condition specified in the Triple test i.e "In any case such reservation shall not exceed aggregate of 50 % of the total seats reserved in favour of SCs/STs/OBCs taken together."

And whereas, The Committee submitted the proposal for reservation of seats to OBCs to the State Election Commission. The Commission then further forwarded the proposal to the Government for consultation and comments if any. The State Government returned back the reservation proposal to the Commission after completing the consultation process on 11th July, 2022.

Now therefore, State Election Commission in exercise of the powers conferred upon it do hereby notify reservation of seats in Village Panchayats for General Elections to 185 Village Panchayats 2022 as per the notification annexed to this order except one Village Panchayat which would be notified separately.

W. V. Ramanamurthy, IAS (Retd.), Commissioner

(Goa State Election Commission).

Panaji, 13th July, 2022.

_____

Notification

No. 3/30/Reservation/GEVP-186/2022-23/SEC/ 3424

Read : Notification No. 3/30/Reservation/GEVP-186/

/2022-23/SEC/3344 dated 01-7-2022.

In partial modification to the Notification referred

above which is published in extraordinary Official

Gazette, Series II No. 13 dated 01-07-2022, this

Notification is hereby issued.

In exercise of the powers conferred by sub-sections

4, 5 and 6 of Section 7 of the Goa Panchayat Raj

Act, 1994 (Goa Act 14 of 1994) (hereinafter called

the "said Act"), the Goa State Election Commission

taking into account the population of the Scheduled

Castes and Scheduled Tribes in the Panchayats as

specified in Column No. 2 of the Schedule appended

hereto, and the data provided by the Goa State

Commission for Backward Classes with regards to

backwardness of Other Backward Classes (OBC),

hereby reserves the wards for the persons belonging

to the Scheduled Castes (SC), Scheduled Tribes (ST),

Other Backward Classes (OBC) and Women as

specified in the corresponding entries in Column No.

4 Column No. 5 and Column No. 6 and Column No.

7 respectively of the said Schedule for 185 Village

Panchayats.

This Notification shall have effect for the purpose of

ensuing General Elections to the 185 Village

Panchayats 2022.

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Order

No. 3/30/Reservation/GEVP-186/2022-23/SEC/3425 n o

i

) .

s s

Subject:- Reservation of seats in Village i

d

t

Panchayat Reis Magos for General Elections 2022.

e m
R m
(
  o
S C                         Whereas, the Government of Goa vide the Goa
A     .
I n   2
, o   2                  Panchayat Raj (Amendment) Act, 2021 (Goa Act 32
  i
y t   0
h c   2
t e   ,                  of 2021) amended Section 7 of the Goa Panchayat Raj
r l   y
      l
u E   u                  Act, 1994 (Goa Act 14 of 1994), entrusted the task of
m     J
  e
  t   h                  dividing the each  Panchayat area into wards and
a
  a   t
n t   3
a S   1                  reservation of seats  in every Panchayat to the State
m

, i j

a o

Election Commission in consultation with the a R G

.

Government.

, r

a n a P

V

.

e n o

W

And whereas, the delimitation for Village i

s s

Panchayat Reis Magos was published vide i

Notification No. 3/28/GEVP-2022/Del-Rev/SEC/3062 m m

dated 25-4-2022 and Corrigendum No. 3/28/ o C

/GEVP-2022/Del-Rev/SEC/3179 Dated 17-5-2022.

. t

n o

f

And whereas, the State Election Commission

d

l

received a Petition wherein the petitioner raised o b

contentions regarding the delimitation of Village n

i

Panchayat Reis Magos. On receipt of the Petition, in d e

t

the interest of natural justice, a hearing was h g

accorded to the petitioners in the presence of the i l

h g

Mamlatdar Bardez who is Electoral Registration i

h

Officer for the said Panchayat. The State Election e

r

a

Commission conducted a independent inquiry

n o

through District Collector to verify the contentions i t

on ground and was found that the objections raised a c

by the petitioners are proved to be correct.

i f i t

o N

And whereas, the Commission vide its d e

corrigendum dated 30-6-2022 appointed r r

e

f

Jt. Mamlatdar I of Bardez taluka as the Electoral e

r

Registration Officer (ERO) and directed to carry out

necessary modifications/corrections to the e v o b a

delimitation of Village Panchayat Reis-Magos.

e h

t

And whereas, considering the Order passed by o

t

the Commission dated 30-6-2022 in the above s n o

referred petition, the ERO Reis Magos submitted the i t

revised delimitation proposal of Village Panchayat a c

i f i

Reis-Magos to the Commission on 07-07-2022.

d o

m

And whereas, the Commission submitted the revised delimitation proposal of Village Panchayat e h T

:

Reis-Magos for the consultation of the State e

t

Government and comments if any. The State o N1616 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 14 (EXTRAORDINARY No. 6) 13TH JULY, 2022 Government returned back the said proposal after

consultation on 11-7-2022.

And whereas, the Commission published the

revised delimitation for wards of Village

Panchayat Reis-Magos vide Corrigendum No. 3/28/

/GEVP-2022/Del-Rev/SEC/Part_1/3414 dated

12-07-2022.

And whereas, The State Election Commission

carried out process of reservation of seats in Village

Panchayat Reis Magos for ensuing General Elections

2022 considering following points:

1. The provisions of Section 7 Goa Panchayat Raj

Act, 1994 and Rules and the directions issued

by Hon'ble Supreme Court of India from time to

time.

2. As per sub-section 8 of Section 7 of the Goa

Panchayat Raj Act, 1994 and Rules, the

expression "population" means the population

as ascertained at the last preceding census of

which the relevant figures of have been

published, but where figures of census are

not available, the population shall be

ascertained from other relevant authenticated

records maintained by the Government. Since

the last preceding census data i.e census 2011

is published, the same has been taken for

determining the total population of the Village

Panchayat.

3. The percentage of Community population i.e SC,

ST and number of seats to be reserved for them

is determined from the ward wise empirical

population data of Scheduled Castes (SC),

Scheduled Tribes (ST) submitted by Director

Panchayat, Government of Goa. The seats are

reserved as nearly as may be the same proportion

to the total number of seats in the Panchayat as

the population of the considering the population

of the Scheduled Castes (SC) , Scheduled Tribes

(ST) in the Village Panchayat area bears to the

total population of the Panchayat area.

4. As per directions of Hon'ble Supreme Court of

India, community reservation i.e SC, ST and OBC

taken together should not be more than 50% of

the total seats in every Village Panchayat.

5. As per sub-section (6) of Section 7 the Goa

Panchayat Raj Act, 1994 and Rules the seats

reserved for SC, ST and Women are allotted by

rotation to different wards in the Village

Panchayat. In some cases the ward is again

reserved for that particular community as the

maximum population of the community exists

in that particular ward only.

And whereas, the Government vide its letter

dated 06-07-2022, submitted the report/

/recommendations of the Goa State Commission for

Backward Classes (GSCBC) with regards to the

backwardness of OBCs and reservation of seats for

Other Backward classes for ensuing General

Elections to Village Panchayats 2022 and informed

the following:

a) Government instructed Goa State Commission

for Backward Classes (GSCBC) to conduct

contemporaneous rigorous empirical inquiry

into the nature and implications of the

backwardness qua local bodies, within the State

of Goa and to specify the proportion of

reservation required to be provisioned local

body-wise.

b) GSCBC, vide their letter No. GSCBC/Election/

/2022-23-45/130 dated 05-07-2022 informed that

it has conducted contemporaneous rigorous

empirical inquiry into the nature and

implications of the backwardness qua local

bodies, within the State of Goa for the purpose

of reservation of seats in local bodies for ensuing

General Elections to Village Panchayats 2022

through rigorous process which included

examination by Commission the data submitted

by the Government and collated additional data

obtained by the Commission in respect of the

past elections of the Village Panchayats and

details of previous elected members belonging

to the OBC Community.

c) The GSCBC has analyzed the data in respect of

every Village Panchayat and assessed the

backwardness of OBC community identified in

the Village Panchayat in respect to their past

representations, dominance, empowerment,

literacy status, financial barriers etc. vis-a-vis1617 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 14 (EXTRAORDINARY No. 6) 13TH JULY, 2022 the necessity of reservation after holding

discussions with the stakeholders/

/representatives wherever required. The

Commission has further stated that it has also

analyzed the data Village Panchayat wise taking

into consideration the population of the Village

Panchayat as well as the OBC and other relevant

data and has made recommendations for

reservation of wards in that particular

Panchayat for the ensuing Village Panchayat

elections 2022 in compliance with the triple test

criteria laid down by Hon'ble Supreme Court.

And whereas, The Government vide letter

07-07-2022 informed that the report submitted vide

letter dated 6-7-2022 is of the dedicated Commission

and in compliance with the Triple test as laid down

by the Hon'ble Supreme Court and requested to

reserve the seats for OBCs considering the report

submitted by GSCBC without which it would cause

great injustice to the said communities as OBCs

would be deprived from representation in local

bodies.

And whereas, The Committee constituted to

propose the reservation of seats examined the said

report and observed that GSCBC has considered the

Village Population as per Census 2011 as a base and

collected the caste wise empirical data for OBCs.

The GSCBC has indicated the percentage of OBCs

in Village Panchayat, Percent of backwardness

among the OBC population, percent of backward

OBCs to the total population and recommended the

seats to be allotted local body wise for all 12 talukas

within the State.

And whereas, Considering the data provided by

GSCBC, the Committee decided to reserve the seats

for OBCs for General Elections to Village Panchayat,

2022. The Committee also studied the observations

by the Hon'ble High Court of Bombay at Goa

regarding reservations passed while deciding the

petitions filed before it.

And whereas, The Committee proposed the seats

to be reserved for OBCs in Village Panchayat Reis

Magos considering the third condition specified in

the Triple test i.e "In any case such reservation shall not exceed aggregate of 50 % of the total seats

reserved in favour of SCs/STs/OBCs taken together."

And whereas, The Committee submitted the

proposal for reservation of seats to OBCs to the State

Election Commission. The Commission vide its file

dated 11-07-2022 submitted the reservation proposal

for Village Panchayat Reis Magos to the State

Government for consultation and for comments if any.

The State Government returned back the reservation

proposal to the Commission after completing the

consultation process on 11th July, 2022.

Now Therefore, State Election Commission in

exercise of the powers conferred upon it do hereby

notify reservation of seats in Village Panchayat Reis

Magos for General Elections 2022 as per the

notification annexed to this order.

W. V. Ramanamurthy, IAS (Retd.), Commissioner

(Goa State Election Commission).

Panaji, 13th July, 2022.

______

Notification

No. 3/30/Reservation/GEVP-186/2022-23/SEC/3426

In exercise of the powers conferred by sub-

sections 4, 5 and 6 of Section 7 of the Goa

Panchayat Raj Act, 1994 (Goa Act 14 of 1994)

(hereinafter called the "said Act"), the Goa State

Election Commission taking into account the

population of the Scheduled Castes and Scheduled

Tribes in the Panchayats as specified in Column No.

2 of the Schedule appended hereto, and the data

provided by the Goa State Commission for Backward

Classes with regards to backwardness of Other

Backward Classes (OBC), hereby reserves the wards

for the persons belonging to the Scheduled Castes

(SC), Scheduled Tribes (ST), Other Backward Classes

(OBC) and Women as specified in the corresponding

entries in Column No. 4, Column No. 5 and Column

No. 6 and Column No. 7 respectively of the said

Schedule for Village Panchayat Reis Magos.

This Notification shall have effect for the purpose

of ensuing General Election to Village Panchayat Reis

Magos 2022.

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