a day ago
HC reserves order on CCP tweak of delimitation law
Panaji:
The high court has reserved its order on a petition filed by a former corporator of the Corporation of the City of Panaji (CCP), Menino Da Cruz. He is challenging Goa govt's decision to give powers to the directorate of municipal administration instead of the state election commission for the delimitation of wards and the conduct of elections of the CCP.
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Da Cruz is seeking to quash and set aside an amendment to the City of Panaji Corporation Act, 2002, which he said undermines the role of the state election commission.
The amendment, he said, takes away the powers from the state election commission, an independent body under the control and supervision of Goa govt.
The amendment was published in the official gazette in Feb 2005 and came into effect on Sep 24, 2004. Da Cruz alleged that this has removed the checks and balances exerted by an independent body like the state election commission.
Da Cruz said govt's decision has led to a deliberate manipulation of ward boundaries at the last minute to favour a political party or group.
Several complaints have been lodged by residents of various wards, indicating deliberate manipulation and voter fraud in favour of a particular political party or group, Da Cruz submitted.
He argued that the assignment of delimitation to a govt-controlled body such as the directorate undermines the independence of the election process.
The amendment, he said, has violated the principle of the separation of powers, which requires that functions assigned to independent constitutional bodies not be usurped by the executive or its agencies.
