Panaji, April 8 The Bombay High Court on Wednesday quashed the Election Commission of India's notification for the by-election to the Ponda assembly seat in Goa, a day before the polling, citing violation of the Representation of the People Act, as the legislature's term was set to expire in less than a year.
The election, scheduled for Thursday, was thus cancelled, even though postal ballots had already been cast, as the high court also refused to stay its judgment.
While the ruling BJP termed the decision as shocking, the Congress accused it of colluding with the ECI to get the election cancelled by delaying the notification, and said it would file an appeal in the Supreme Court.
A division bench of Justices Valmiki Menezes and Amit S Jamsandekar of the Goa bench of the High Court declared the March 16, 2026, notification "arbitrary."
The by-election, necessitated by the death of sitting BJP MLA Ravi Naik on October 15, 2025, was to take place on Thursday, with counting fixed for May 4.
Two registered voters in the constituency moved the HC challenging the validity of the notification on the ground that less than one year of the current Goa legislative assembly's term was left. The term would expire on March 14, 2027.
The court agreed with the contention, noting that as the result would have been declared on May 4, the winning candidate would have got only about nine months as an MLA.
"Therefore, the said notification is arbitrary, and issued contrary to clause (a) of proviso to Section 151-A," the bench said.
According to the clause, the ECI is not bound to hold a by-election if the remaining term of the legislature is less than one year.
Referring to earlier Bombay High Court rulings, particularly in the case of Sandeep Yashwantrao Sarode, the bench reiterated that the one-year period under Section 151-A has to be calculated from the date the newly elected member would assume office, and not from the date the vacancy arose.
The bench also rejected the Election Commission's plea for a stay on the judgment, despite the by-election being scheduled for Thursday and 171 postal ballots already having been cast.
Once a notification was declared to be contrary to law, the by-poll process became a "nullity," making no case for stay, it said.
Speaking at a press conference here, Congress Central Working Committee member Girish Chodankar said the party will file a special leave petition in the Supreme Court against the HC order.
The ruling BJP, fearing defeat, connived with the ECI to get the by-election cancelled, Chodankar alleged. The poll body announced the by-election five months after Naik's death, he pointed out.
Both the petitioners before the HC were sympathisers of the BJP, Chodankar claimed.
Chief Minister Pramod Sawant said the decision of the court was shocking. "We are in touch with our Central party leadership," he told reporters.
Sawant also claimed that BJP candidate Ritesh Naik would have emerged victorious with a margin of 3,500-4,000 votes.
