It may be the laid norm for Courts not to intervene once the electoral process is set into motion. But after glaring electoral fraud and subversion of law having come to light, the Goa Government was living in a fool’s paradise if it expected the Judiciary to be a mere spectator to the law being grossly subverted.
After the fraud in the electoral process to the Municipal elections was unearthed, the Goa Government should have gracefully accepted that 1st March decisive but mild worded High Court decision. But on account of its arrogance and ego, in a wrong move chose to approach the Supreme Court only to be thrashed with a strongly worded very humiliating verdict. After the Supreme Court on 4th March as an interim measure stayed the High Court order, our ‘accidental’ Chief Minister Pramod Sawant in a knee jerk reaction blurted that his government stood vindicated. Now after the Supreme Court drubbing he meekly says he accepts the verdict. Did he have any other option? And the Chief Minister cannot claim that those were mistakes in the reservation process as the whole world now knows that it was a well orchestrated political manipulation at the highest level. Infact after that damming Supreme Court verdict the Chief Minister ought to have resigned or at least sacked his Urban Development Minister Milind Naik who was primarily responsible for this great treachery. But gone are the days when owning moral responsibility, the Railway Minister used to resign after a rail mishap. Our High Court in its 94 page very reasoned judgment had rightly stopped this absolute fraud on the very democratic process which if allowed would have been a sheer mockery of the electoral process. It was unlawful and very high-handed for the Government to give its Law Secretary the additional charge as head of the State Election Commission (SEC) who merrily abdicated in his constitutional duty and allowed the electoral process to be dictated and driven by the politicians in Power. It is imperative that as in other States the delimitation as well as the reservation of seats should be all entrusted to the SEC with proper rules and guidelines framed while there is no interference from Ministers and ruling MLAs in this process which ought to be totally transparent, extremely fair and strictly in accordance with law. Needless to say the SEC must be headed by a distinguished person of Eminence and proven integrity who as required by law can function very independently without any political influence or interference. There is an absolute need to restore the sanctity and much needed sanity at the SEC with all safeguards in place to guarantee that it never ever again succumbs to any political pressures or maneuvers that we have witnessed in the last few weeks. This very erring State Election Commissioner cannot get away lightly with the political chicanery that he allowed. He must be made to personally pay up for all the expenses incurred by the tax payer to litigate this issue in the High Court and the Supreme Court. Ends of justice would not be met unless he is also penalized by way of disciplinary action for having acted as a puppet of those in power and manipulating the electoral process, This was a serious finding by the High Court which was upheld by the highest court of our country in its landmark 96 page judgment while restoring Democracy, upholding the Constitution and the Rule of law. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: airesrodrigu...@gmail.com Or airesrodrig...@yahoo.com You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com