The Bombay High Court on Thursday concluded hearing arguments on two petitions challenging the upcoming by-election for the Ponda assembly seat in Goa. The petitions, filed by local voters, contend that the bypoll is “illegal and unconstitutional” because the winner would serve a term of less than one year.
A division bench comprising Justice Valmiki Menezes and Justice Amit Jamsandekar reserved its judgment after hearing submissions from the petitioners, the state government, and an intervener.
The by-election, scheduled for April 9, 2026, was necessitated by the death of the sitting MLA and State Agriculture Minister, Ravi Naik, in October 2025.
The core of the legal challenge rests on the interpretation of the remaining tenure of the seat. Under election laws, a by-election must generally be held within six months of a vacancy occurring. However, there is a crucial exception: if the remaining term of the vacancy is less than one year, an election should not be held.
Nitin Sardesai, representing petitioner Ankita Kamat, argued that the bypoll is “patently illegal, arbitrary, and unconstitutional.”
The petitioners pointed out the following timeline:
- Vacancy occurred: October 2025 (Death of Ravi Naik).
- Scheduled Election: April 9, 2026.
- Assembly Term Ends: March 2027.
Sardesai argued that since the new legislator would only take office around May 2026, they would have approximately ten months in office before the next general assembly elections in March 2027.
“The law requires that if the remaining term is less than one year, you cannot hold an election,” Sardesai stated. He further contended that conducting an election for such a short duration causes an “unnecessary loss to the treasury.”
The Election Commission of India (ECI) maintains a different interpretation. According to the ECI, the tenure should be calculated from the date the seat first fell vacant (October 2025) rather than the date the new member is sworn in. Under this calculation, the remaining term at the time of the vacancy was more than one year.
During the proceedings, it was noted that the state government had not filed an affidavit in response to the petitions.
The High Court’s impending decision will determine whether Ponda voters head to the polls next month or if the seat remains vacant until the 2027 general elections.
