SERIES II No. 51

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2024-2026

Panaji, 27th March, 2024 (Chaitra 7, 1946)

EXTRAORDINARY

No. 6

GOVERNMENT OF GOA

Goa State Election Commission

–––

Order

No. 4/43/RES/2023-24/SEC/1443

Subject:-

Reservation of seats for ensuing General

Elections to Village Panchayat of

Taleigao in Tiswadi Taluka.

Whereas, the Directorate of Panchayat,

Government of Goa vide letter dated 04-01-2024

informed that the term of office of the elected

members of Village Panchayat Taleigao (for which

General Election was held on 28-04-2019)

commenced on 09-05-2019 i.e. the date of appointed

for the 1st meeting of the Panchayat in terms of

Section 43(1) of the Goa Panchayat Raj Act, 1994

and the term will expire on 08-05-2024 after

completing 5 years.

And whereas, as per Section 237 (1) of the Goa

Panchayat Raj Act, 1994 the State Election

Commission is vested with the power of

Superintendence, direction and control of the

preparation of electoral rolls and Conduct of all

elections to the Panchayats or Zilla Panchayats.

And whereas, as per Article 243 E(3) of the

Constitution of India an Election to constitute a

Panchayat shall be completed before the expiry of

its duration.

And 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) and

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

completed the process of delimitation of wards for

ensuing General Election to Village Panchayat

Taleigao 2024. The notification in this regard was

issued vide Notification No. 4/40/DEL/2023-24/SEC/

/1428 dated 22-03-2024.

And whereas, the State Election Commission

carried out the process of reservation of seats for

ensuing General Election to Village Panchayat

Taleigao 2024 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 is considered for determining

the total population of the Village Panchayat

Taleigao.

3. The percentage of Community population i.e.

SC, ST and the number of seats to be reserved for

them is determined from the last preceding census

data i.e. census 2011 and as per Section 7 (4) of the

Goa Panchayat Raj Act, 1994.

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

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1488

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 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.

6. Judgement of Hon’ble Supreme Court in the

matter Vikas Kishanrao Gawali Vs State of

Maharashtra, wherein the Apex Court specified the

triple test formality for OBC reservation in local

bodies and directed that “until the triple test

formality is 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

vide letter dated 10-01-2024 requested the State

Government to provide the data with regards to the

Other Backward Classes (OBC) in Village Panchayat

Taleigao in compliance with the directions of the

Hon’ble Supreme Court.

And whereas, the State Government vide its

letter No. 19/DP/Election Taleigao/2024-2025/2702

dated 15-03-2024, 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 Village Panchayat

Taleigao 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 body, in respect of Village

Panchayat Taleigao and to specify the proportion of

reservation required to be provisioned in Village

Panchayat Taleigao.

b) Goa State Commission for Backward Classes,

vide their letter No. GSCBC/Election/2023-45(part

file)/379 dated 27-02-2024 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 Village Panchayat Taleigao of

Tiswadi Taluka 2024 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

Panchayat and details of previous elected members

belonging to the OBC Community.

c) The Goa State Commission for Backward

Classes has also analyzed the data in respect of

Village Panchayat Taleigao 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 also analyzed the

data 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 OBC seats 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 Taleigao 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 number of

seats to be allotted for OBCs in Village Panchayat

Taleigao in Tiswadi taluka.

And whereas, considering the provisions of

Section 7 Goa Panchayat Raj Act, 1994 and Rules

and 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 State Election

Commission Goa proposed to reserve the seats for

different communities and Women for ensuing

General Elections to Village Panchayat Taleigao-

2024.

And whereas, the State Election Commission

Goa vide its file 4/43/RES/2023-24/SEC/Part/1430

dated 22-03-2024 submitted the proposed

reservation of seats for ensuing General Elections

to Village Panchayat Taleigao-2024 to the State

Government for consultation and comments if any.

The State Government returned back the said

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27TH MARCH, 2024

reservation proposal to the State Election

Commission on 27-03-2024 after completing the

consultation process.

Now therefore, State Election Commission Goa in

exercise of the powers conferred upon it do hereby

notify the reservation of seats for ensuing General

Elections to Village Panchayat Taleigao in Tiswadi

taluka in North Goa district as per the notification

No. 4/43/RES/2023-24/SEC/1444 dated 27-03-2024.

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

Goa State Election Commission.

Altinho, Panaji, 27th March, 2024.

————

Notification

No. 4/43/RES/2023-24/SEC/1444

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 Panchayat 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

Taleigao Village Panchayat in Tiswadi taluka, North Goa District in the State of Goa.

This Notification shall have effect for the purpose of ensuing General Election to Taleigao Village

Panchayat in Tiswadi Taluka, North Goa District in the State of Goa.

Sr.

Name of

Total

Serial

No.

the Village

number of

Panchayat

wards in

wards

Village

reserved for

Panchayat

Scheduled

Backward

Women

Caste

Tribes

Classes

Tiswadi Taluka

Taleigao

—

3, 4, 6, 9

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

Altinho, Panaji, 27th March, 2024.

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