Margao: The Bombay high court may have pulled the plug on the Ponda bypoll less than 24 hours before voting was to begin on Thursday, but fingers are pointing in only one direction — at the Election Commission (EC) of India.Legal experts are unanimous—the fiasco was entirely avoidable, the law was clear all along, and the EC has no one to blame but itself for the blatant waste of public money that followed.The high court held that the EC’s March 16 notification declaring the Ponda bypoll was arbitrary, as it ran afoul of the proviso to Section 151A(a) of the Representation of the People Act — which exempts the commission from holding a byelection if the remainder of the term of the vacancy is less than one year.Advocate Sandesh Padiyar said the EC should have known better. “The EC is not the Goa election commission — it is the central election commission, armed with so many things,” he said, adding that there was a Bombay high court judgment already available on the point. “They should have done a proper study. The EC could have taken steps in time to avoid this type of situation.”Former advocate general Saresh Lotlikar went further, suggesting the late notification was not an oversight. “Why did the EC notify it so late? They notified it late so that it could not be sustained,” he said. “The blame falls squarely on the EC.” Lotlikar also noted that state govt did not oppose the petition—and that the advocate general himself highlighted the legal impediment.Both lawyers were scathing about the human and financial cost of the exercise. Ballot papers were printed, logistics put in place, candidates had campaigned, and expenditure incurred—all for nothing. “All this has gone to waste. Fingers will be pointed at the EC,” said Padiyar.Former state election commissioner Prabhakar Timble took a sharper view of the court’s conduct. “I am unable to come to terms with this judgment, as courts are expected to keep their hands off once the election process is set in motion,” he said, adding, “There was no abnormal situation for the court to get seized with the matter”.Timble also called into question the timing of the order. “This order, coming 24 hours before voting, provides a comic end to the Ponda byelections,” he said. “I would call the timing rude and aggressive, providing no time to the EC, candidates, or political parties for an appeal.”Earlier in the day, Padiyar, had not ruled out the possibility of the EC approaching the Supreme Court overnight to seek a stay of the HC order—as has happened in past election-related matters. “They have done it in prior cases. Overnight orders have been stayed. The EC can even tonight move the SC,” he said. But he added that given the late hour and the judgment having been delivered after full hearing, the commission may choose to let it stand.
