Who’s at fault in the Ponda by-poll fiasco?

Ponda was all set to vote for a new MLA, when on the eve of the by-election, caused by the death of former chief minister Ravi Naik, the election was cancelled. A paid holiday had been declared for the voters of Ponda, the campaign had ended and it was time for the polling staff to set off for the polling booths, when the announcement of the cancellation came. 

No one can deny that the order of the High Court of Bombay at Goa, cancelling the by-election in Ponda, was unexpected. With just months to go for the general election, less than a year in actuality, what purpose would there be electing an MLA? If elected, he would possibly get to attend just one full session of the Legislative Assembly, which would be the monsoon session.

In that respect, and under the provisions of the law, the High Court is justified in stating that the elected MLA would not fulfil the mandatory one-year tenure required. Going by this rather simple and straightforward explanation by the High Court, the Election Commission of India can rightly be questioned of whether it is aware of the rules it is meant to operate under.

The Election Commission of India is expected to follow the law in letter and spirit and not just in spirit. In this case, the High Court ruled that the attempt of the Election Commission of India to interpret the law led to a wrong understanding of it. The Election Commission of India shouldn’t have even sought to interpret the law. This episode will perhaps serve to remind the commission that in future it should not make such attempts.

Instead, here’s what the Election Commission of India should have done. Conscious of the fact that Goa would be going for elections in early 2027, the by-election should have been announced immediately when the vacancy had been caused, which was in October 2025. Had the by-election been held then, there would have been no cause to challenge it on these grounds. There was time enough to have it before the end of the year and there were no circumstances to warrant a delay.

This decision of the High Court means that Ponda remains without a representative in the State Legislature for over a year. The loss is of the constituents of Ponda, whose issues will go unaddressed for lack of a representative.

The other question that arises is of the Legislative Assembly session that was hurriedly curtailed because of the code of conduct that came into force due to the election. With the election cancelled, will the session be reconvened? Ponda has lost the opportunity to have an elected representative in the Legislative Assembly and Goa lost the opportunity of having the budget debated before being passed in the Legislative Assembly.

Who then is at fault for this big fiasco? Who should be held responsible for scheduling a by-election when the elected member would not be in position to complete the mandatory one year in office?

There are now statements being released that the opposition parties should have intervened in the petition or should have even petitioned the court in November and December last to direct the Election Commission of India to expedite the by-election. This is akin to goading the Election Commission of India to do its job. Have we reached such a stage where we have to seek court directions to independent bodies like the Election Commission of India to do its job?

The courts are there to right a wrong, and in this case, they have done it. But, they shouldn’t have to tell the highest election body in the country what to do. If that day arrives, then it will mean that the people of India have lost all faith in the Election Commission of India. Hopefully, that won’t ever happen.

The writer is a senior journalist, author and editor