Panaji: The Goa Bench of the Bombay High Court on Wednesday quashed the Election Commission of India’s notification for the Ponda Assembly by-poll, ruling that the exercise violated Section 151-A of the Representation of the People Act, as the winning candidate would have had a remaining tenure of less than one year.
A division bench of Justices Valmiki Menezes and Amit S. Jamsandekar declared the March 16, 2026, notification “arbitrary” and contrary to clause (a) of the proviso to Section 151-A of the RP Act, and set it aside.
The by-poll to the 21-Ponda Assembly constituency was scheduled for April 9, with counting fixed for May 4.
In its operative order of the 53-page judgment, the court held that the remainder of the term available to the candidate who would have been elected in the by-poll would be less than one year, since the present Goa Assembly’s tenure ends on March 14, 2027.
“The said notification is therefore arbitrary and issued contrary to clause (a) of proviso to Section 151-A,” the bench said while quashing the notification.
The seat had fallen vacant after the death of sitting BJP MLA Ravi Naik on October 15, 2025.
The court noted that as per the election schedule, the result would have been declared on May 4, 2026, leaving the incoming MLA with only about nine months before the Assembly completes its term.
Referring to earlier Bombay High Court rulings, particularly 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 to stay the judgment, despite the poll being scheduled for Thursday and 171 postal ballots already having been cast.
The judges said that once the notification itself had been declared contrary to law, the by-poll process became a “nullity,” making no case for a stay.
The verdict effectively cancels the polling process for the Ponda by-election that was to be held on April 9.
