Panaji, 15th November, 2022 (Kartika 24, 1944

SERIES II No. 32

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-23

EXTRAORDINARY

No. 2

GOVERNMENT OF GOA

Goa State Election Commission

—

Order

No. 3/42/Ward-Reservation/2022-23/SEC/4171

Subject:- Reservation of seats for ensuing General

Election to three Village Panchayats of Pernem Taluka

i.e. Village Panchayat Casarvarnem, Alorna and

Chandel-Hassapur.

Whereas, the Government of Goa vide the Goa

Panchayat Raj (Amendment) Act, 2021 (Goa Act 32 of

2021) amended Section 7 of the Goa Panchayat Raj

Act, 1994 (Goa Act 14 of 1994), entrusted the task of

dividing the each Panchayat area into wards and

reservation of seats in every Panchayat to the State

Election Commission in consultation with the

Government.

And whereas, The State Election Commission

carried out process of reservation of seats for General

Elections to three Village Panchayats of Pernem

Taluka i.e. Village Panchayat Casarvarnem, Alorna

and Chandel-Hassapur which will be held on

9th December, 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

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,

the 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.

And whereas, Hon’ble Supreme Court of India,

passed a judgment decided on 10-5-2022 in the

matter of Suresh Mahajan Vs State of Madhya

Pradesh and Ors., wherein the Apex Court referred

the triple test formality for OBC reservation in local

bodies as specified in the Judgment in the matter

of Vikas Kishanrao Gawali Vs State of Maharashtra,

directed that “until the triple test formality is

2537

Suggestions are welcome on e-mail: [email protected]

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 32

(EXTRAORDINARY No. 2)

15TH NOVEMBER, 2022

2538

completed “in all respects” by the State Government,

no reservation for Other Backward Classes can be

provisioned; and if that exercise cannot be completed

before the issue of election programme by the State

Election Commission, the seats (except reserved for

the Scheduled Castes and Scheduled Tribes which is

a constitutional requirement), the rest of the seats

must be notified as for the General Category”.

And whereas, the Goa State Election

Commission, requested the State Government to

provide the data with regards to the Other

Backward Classes (OBCs) in compliance with the

directions of the Hon’ble Supreme Court.

And whereas, the Government vide its letter

dated 28-10-2022, submitted, submitted the report/

/recommendations of the Goa State Commission for

Backward Classes (GSCBC) with regards to the

reservation of seats for Other Backward Classes for

ensuing General Elections to three Village

Panchayats of Pernem Taluka i.e. Village Panchayat

Casarvarnem, Alorna and Chandel-Hassapur and

informed the following:

a) The 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/

/2022-23-45/241 dated 07-10-2022 informed that it

has conducted contemporaneous rigorous empirical

inquiry into the nature and implications of the

backwardness qua local bodies, for the purpose of

reservation of seats in local bodies for ensuing

General Elections to three Village Panchayats of

Pernem Taluka i.e. Village Panchayat Casarvarnem,

Alorna and Chandel-Hassapur 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 also analyzed the data in

respect of these 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-vis 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 in compliance

with the triple test criteria laid down by Hon’ble

Supreme Court.

And whereas, the State Election Commission

examined the report/recommendations of the Goa

State Commission for Backward Classes (GSCBC)

with regards to the backwardness of the OBCs in

Village Panchayat Casarvarnem, Alorna and

Chandel-Hassapur and observed that GSCBC has

considered the Village Population as per Census

2011 as a base and collect 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 OBC seats to be allotted in

Village Panchayat Casarvarnem, Alorna and

Chandel-Hassapur.

And whereas, considering the provisions of

Section 7 Goa Panchayat Raj Act, 1994 and Rules,

the data provided by GSCBC, 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” the Goa State Election

Commission proposed the reservation of seats for

different communities and Women for ensuing

General Elections to three Village Panchayats of

Pernem Taluka i.e. Village Panchayat Casarvarnem,

Alorna and Chandel-Hassapur.

And whereas, the Commission vide its file dated

09-11-2022 submitted the reservation proposal to

the State Government for consultation and for

comments if any. The State Government returned

back the reservation proposal after completing the

consultation process.

Now Therefore, the State Election Commission

in exercise of the powers conferred upon it do

hereby notify the reservation of seats for ensuing

General Elections to three Village Panchayats of

Pernem Taluka i.e. Village Panchayat Casarvarnem,

Alorna and Chandel-Hassapur as per the notification

annexed to this order.

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

Goa State Election Commission.

Panaji, 15th November, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 32

(EXTRAORDINARY No. 2)

15TH NOVEMBER, 2022

2539

Notification

No. 3/41/GE-3V. P.-Pernem/2022-23/SEC/4150

In exercise of the powers conferred on me vide

Rule 5 of the Goa Panchayat and Zilla Panchayat

(Election Procedure) Rules, 1996, I, W. V.

Ramanamurthy, IAS (Retd.), Commissioner of Goa

State Election Commission, hereby notify that the

Electoral Roll of the Goa Legislative Assembly

prepared under the provisions of Representation of

People Act, 1950 (Central Act 43 of 1951) for the time

being in force as on 1st January, 2022 published on

5-1-2022 along with the supplement published on

28th January, 2022 for such Constituencies of the

Assembly or any part thereof as is included in the

area within the jurisdiction Village Panchayats shall

be adopted for the purpose of preparation of Ward

wise Electoral Roll for ensuing General Election to

Village Panchayats Alorna, Casarvarnem and

Chandel-Hassapur in Pernem taluka. The

Constitution of Village Panchayats are as per

Notification No. 3/40/DELIMITATION/2022-23/SEC/

/4134 dated 2-11-2022.

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

Goa State Election Commission.

Panaji, 10th November, 2022.

—–––––—

Notification

No. 3/42/Ward-Reservation/2022-23/SEC/4172

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 the General Election

to three Village Panchayats in Pernem taluka.

This Notification shall have effect for the purpose of ensuing General Elections to the Village Panchayats

Alorna, Casarvarnem and Chandel-Hassapur in Pernem Taluka.

SCHEDULE

Sr.

Name of the

Total number

Serial Number

Serial

No.

Village Panchayat

of wards in

of wards reserved

of wards

Number of

Village

for Scheduled

reserved for

wards reserved

Panchayat

Caste

Scheduled Tribes

Backward

for Women

Classes

Pernem Taluka

Alorna

2, 6, 7

Casarvarnem

4, 5

Chandel-Hassapur

2, 5

W. V. Ramanamurthy, IAS (Retd.), Commissioner, Goa State Election Commission.

Panaji, 15th November, 2022.

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