The Supreme Court on Friday ruled that the state government cannot be made state election commissioner ensure that the independence of the poll body is not compromised while issuing an order in a case relating to municipal polls in Goa.
The apex court said that the state polls shall be headed by an independent person who does not hold any office under the state government and if they such hold any office, Then they have to resign before the taking duty of State Election Commissioner.
The apex court upheld the high court order regarding municipal reservation and directed the state government to notify reservation for the Municipalities of Mormugao, Margao, Mapusa, Quepem, And Sangeum.
A Bench headed by Justice R.F. Nariman also Conducted that the goa state election body should have to issue the notification for the local body polls within 10 days from today and complete the election process before 10th April.
The top court said that the state election commissioner should be a person and no state can appoint a person who holds any office under the government of India.
The Judgement comes on an appeal by the Goa government against the high court rulings for panchayat polls.
The case pertained to local body election in Goa in which the reservation of ward for women and woman and schedule caste and schedule tribes were allegedly not carried out in terms of state law.
In a Special leave, petition moved before the supreme court that the goa government alleged that the high court was “interfering with the election process” The apex court, however, admonished the government and upheld the high court ruling by the apex court. It said that the high court was not “Interfering with the election”, but a step before conducting the elections.