DNYANESHWAR NARSO NAIK Vs. STATE OF GOA
LAWS(BOM)-2020-12-394
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on December 11,2020

Dnyaneshwar Narso Naik Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

M.S.SONAK,J. - (1.) Heard the learned Counsel for the parties.
(2.) The learned Counsel for the parties agree that these Petitions can be disposed of by a common Judgment and Order, since, they relate to the challenges to the Government Notification dated 20th February 2020, reserving certain constituencies for the candidates from scheduled tribes/other backward/woman, etc. at the Zilla Panchayat elections, earlier scheduled for 22nd February 2020 and now rescheduled for 12th December 2020. In some of the Petitions, there is a challenge to the constitutional validity of some of the provisions of the Goa Panchayat Raj Act, 1994 (said Act) to the extent they relate to the powers of the Government to make such reservations.
(3.) The Petitioners in Writ Petitions No.179/2020 and 191/2020 challenge the Notification dated 20th February 2020 to the extent it relates to the Usgao-Ganje constituency for scheduled tribe candidates. In these Petitions, there is a challenge to the constitutional validity of the provisions in Sections 7(4), 118 and 119 of the said Act to the extent these provisions vest the power to provide reservations in the Government, instead of the State Election Commissioner (SEC) in terms of Section 243 K of the Constitution of India. These provisions are also challenged on the ground that they vest in the Government unfettered and uncanalized power to make reservations which, according to the Petitioners, violates the mandate of non-arbitrariness in Article 14 of the Constitution.;


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