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Goa govt violates Constitution

Sandesh Prabhudesai in Panaji

The Goa government has decided to appoint administrators in municipalities and hold elections after six months though their term expires next month, in blatant violation of the Constitution.

While announcing the cabinet decision last Wednesday, Chief Minister Francisco Sardinha could not explain its legal standing.

"It is purely a hypothesis. We have followed such a practice in the past and there is no harm in exercising it once again, even if the law does not provide for it," Sardinha claimed.

Out 14 municipalities, the terms of 11 elected councils end on June 20, while elections for a newly constituted municipality are yet to be held. Terms of the other two councils, including Panaji, expire next year.

While postponing elections of the city-based local self-governing bodies by appointing administrators had been common in Goa for several years, the 74th constitutional amendment had come as a big relief as it made elections mandatory once the five-year term ends.

"We are aware that the law does not provide for it. But we have no other alternative," admits Urban Development Minister Francisco D'Souza, who also holds the Law portfolio. He claims that his government is caught in a peculiar situation.

Reasons cited for postponing the elections are amendment to rules of elections as well as delimitation of two municipal councils as locals in some areas want to revert to the panchayat system.

"This cannot be a valid reason for postponement," felt Prabhakar Timble of the State Election Commission, recalling that he had requested the government authorities in December to get the rules amended and prepare for elections in June.

Timble is ready to conduct elections even without getting the rules amended, if the government cites it as a prime reason to postpone the electoral process defined by the Constitution. "They do not have powers to extend the polls or appoint administrators," he asserted.

Former councillor Minguel Mascarenhes had served a notice on the government, in anticipation of this development, threatening to approach court.

"We will tell the court that we are helpless," says the law minister, hinting that the process would give them time to manoeuvre the scene.

Similarly, in collusion with all political parties, the state government had sat down on the first-even constitution of zilla panchayats for over six years, till the court intervened to force the state to hold polls in February. However, the elected members are still struggling for powers.

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