- (1.) IA No. 35153/2021 in SLP(C) No. 3937/2021 being an application for intervention is allowed. Leave granted in all the Special Leave Petitions.
(2.) The present batch of civil appeals raise important questions on the provisions contained in Part IXA of the Constitution of India. The Goa State Election Commission [ "SEC "] decided to postpone the elections to 11 Municipal Councils whose terms were to expire on 04.11.2020. The elections were scheduled to be held on 18.10.2020, which were postponed to 18.01.2021 in view of the COVID-19 pandemic situation in the State of Goa. On 03.11.2020, the Governor of Goa appointed the Law Secretary of the Government of Goa, a member of the IAS, as State Election Commissioner which duties were to be in addition to his duties as Law Secretary. By an order dated 05.11.2020, Municipal Administrators were appointed by the Department of Urban Development (Municipal Administration) for all these municipal councils whose terms had expired. By a notification dated 14.01.2021, the Goa SEC further postponed the election for a period of three months i.e., till April, 2021 or the election date which may be determined by the Commission.
(3.) On 04.02.2021, the State of Goa published an amendment to Section 10(1) of the Goa Municipalities Act, 1968 [ "Goa Municipalities Act "] in the official gazette, by which the time frame for issuance of a notification for reservation of wards was stated as being "at least seven days " before the notification for schedule of dates and events of the elections. On the same day, the Director of Municipal Administration issued an order for reservation of wards for 11 municipal councils within the State of Goa. We are informed by the SEC that on 05.02.2021, electoral rolls were prepared and returning officers appointed for an ensuing election.;