log on to thegoan.net THURSDAY APRIL 9, 2026 GOA @thegoanonline Facebook.com/thegoan The Goan E-Paper (Playstore/IOS) 15 pages PRICE ` 10 PANAJI MARGAO GOA VOLUME XI, NO. 291 Luthra brothers walk out of prison after 3 months 2 GOA Another inspection for River Sal, but little sign of change 3 Instagram.com/thegoanonline RNI: GOAENG/2015/65729 8 LIFE Sleep hygiene and its role in overall health SPORTS Gujarat Titans beats Delhi Capitals by one run in a thriller 15 PONDA BY-ELECTION CANCELLED ON POLL EVE HC RULES ECI'S NOTIFICATION ARBITRARY; CITES CANDIDATE CANNOT MEET ONE-YEAR TENURE RULE THE GOAN I NETWORK PANAJI In a landmark decision delivered on the eve of polling, the High Court of Bombay at Goa on Wednesday cancelled the Ponda assembly by-election, ruling it would violate a statutory requirement that an elected member must be able to serve at least one year in office. The order came less than 24 hours before voting was scheduled, halting an election that officials had spent weeks preparing for, with polling arrangements, surveillance measures and accessibility provisions already in place. While quashing the Election Commission of India’s (ECI) notification for the Ponda by-election, the High Court categorically stated the notification is arbitrary, and issued contrary to the Representation of the People's Act. In a sharply worded judgement, running into 53 pages, the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar pointed at the timing and legality of the April 9 poll, concluding that the Commission acted contrary to Section 151-A of the Representation of the People Act. The ECI notified the by-election in March, scheduling KEY COURT JUDGEMENT „„Upholds one-year minimum tenure requirement under Section 151-A „„Says tenure must be calculated from date of assuming office „„Finds remaining Assembly term (till March 2027) under one year „„Holds elected candidate would serve barely 9–10 months „„Rejects ECI argument to count tenure from date of polling for April 9 and results for May 4. The Court, accepting the petitioners’ submissions, noted that the Assembly’s term ends on March 14, 2027, and even if the election had proceeded as planned, the winning candidate would have held office for barely ten months, which is legally insufficient. The petitioners had argued that this violated Clause (a) of the proviso to Section 151A, which bars by-elections if the remainder of the term is less than one year. The court agreed, holding that the relevant period must be calculated from the date the new vacancy „„Declines request to refer matter to larger bench „„Notes ECI had accepted similar interpretation in past cases „„Terms notification legally untenable and liable to be set aside ECI declares process null, void PANAJI: The Election Commission of India (ECI) has declared all processes related to the Ponda by-election null and void following the High Court of Bombay at Goa’s order. In a notification, ECI Principal Secretary Ajoy Kumar said the March 16 notification calling for the by-election, with polling scheduled on April 9, has been rescinded. The High Court, in its April 8 order, had quashed the notification as invalid. “In pursuance of the court’s order, the Commission hereby rescinds the notification,” Kumar said. All actions taken by election authorities, including the Returning Officer and District Election Officer, now stand cancelled. ECI sought stay; HC says notification violates Act PANAJI: After the verdict, Senior Advocate S R Rivankar for the ECI prayed for a stay of the judgement stating the Commission has recorded casting of 171 postal ballots and other ballots, apart from which elaborate arrangements were made for conducting elections. However, the High Court did not find the member assumes office, not from when the vacancy arose. “...the remainder of the period reckoned from this date till 14.03.2027 (when the term of the Assembly expires) is prayer ‘tenable’ stating the notification is contrary to the Act. “The consequence of the declaration issued by us that the Notification is contrary to Clause (a) of proviso to Section 151A, must follow since the by-elections are now declared to be a nullity. We therefore reject the application for stay of the judgement,” it said. just about nine months. The impugned Notification dated March 16, 2026 is therefore issued in contravention of the bar under Clause (a) of proviso to Section 151-A. The said Noti- fication issued by the Election Commission of India is therefore arbitrary, issued contrary to Clause (a) of proviso to Section 151-A and is therefore liable to be quashed and set aside,” the order added. In reaching its conclusion, the Bench leaned heavily on a ruling in Sandeep Yashwantrao Sarode, which had settled the interpretation of the same provision. That judgement held that the law is concerned with the effective tenure available to the incoming representative, not the elapsed time since the seat fell vacant. It also noted that the ECI had previously accepted this interpretation in multiple cases, including one as recent as 2024, but had now taken a contradictory stand. “The conclusion is inevitable,” the court observed citing the Sarode order. During the hearing, the ECI had urged the court to adopt a different reading wherein the one-year threshold should be counted from the date the seat fell vacant. It also sought a reference to a larger bench, citing conflicting views from other High Courts and invoking a Supreme Court ruling. The Bench was however, unconvinced, while it held that the Supreme Court decision cited by the Commission did not settle the issue of interpretation but was confined to its specific >Continued on P9 Dissent over Ponda by-poll cancellation Legal experts say HC ruling undermines voters’ right THE GOAN I NETWORK PANAJI Congress MLA from Aldona, Carlos Alvares-Ferreira, added to the controversy surrounding the cancellation of the Ponda by-poll saying he “respectfully disagrees” with the Bombay High Court’s decision to nullify the Election Commission’s notification. Alvares-Ferreira, an eminent senior counsel at the Bombay High Court, voiced his dissent during a press interaction. He acknowledged the authority of the court but insisted that the ruling undermined the democratic process. “I respect the institution, but I respectfully disagree with this judgement,” he said. The by-election was necessitated by the death of former minister Ravi Naik. Polling was scheduled for April 9, with counting on May 4. The High Court, however, struck SEE PAGE 5 Cong alleges collusion between BJP, ECI How did law on conduct of by-poll escape attention of ECI?: GFP chief TMC leader claims lone intervention, slams Opposition inaction AAP presses ECI to challenge order in SC down the notification, effectively cancelling the election. Alvares-Ferreira argued that the decision deprived voters of their right to representation even as he stressed that the people of Ponda had been waiting for months to elect a new representative. >Continued on P9 www.stonehill.in B A N G A L O R E YOUR CHILD’S GATEWAY TO THE BEST UNIVERSITIES IN THE WORLD MEET THE STONEHILL ADMISSIONS TEAM IN GOA! 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