The Congress party has approached the Supreme Court of India to challenge the Bombay High Court’s decision to cancel the Ponda assembly seat byelection in Goa. The petition, filed by the party’s candidate Dr. Ketan Bhatikar, seeks to overturn a High Court order that quashed the Election Commission of India’s (ECI) notification for the poll just hours before voting was set to commence.
The legal battle follows a series of dramatic events in the coastal state, where a scheduled democratic exercise was halted due to technicalities regarding the remaining term of the current Legislative Assembly.
The byelection for the Ponda constituency was necessitated by the passing of the sitting BJP MLA, Ravi Naik, on October 15, 2025. Following the vacancy, the Election Commission of India scheduled the bypoll for April 9, 2026.
However, on April 8—merely 16 hours before polling stations were to open—the Goa bench of the Bombay High Court quashed the election notification. The court acted on a petition moved by two registered voters of the constituency who argued that holding the election would violate the Representation of the People Act.
The core of the legal contention rests on the fact that the current Goa Legislative Assembly’s term is set to expire on March 14, 2027. The High Court observed that with results scheduled for May 4, the winning candidate would hold office for approximately nine months—less than the one-year threshold often cited for mandatory byelections when a vacancy occurs.
The cancellation has triggered a sharp political confrontation. Congress Working Committee member Girish Chodankar alleged that the cancellation was a strategic move by the ruling BJP to avoid a potential electoral defeat.
“The people of Ponda deserved to vote and have their MLA. Campaigns were fought, ballots were issued, candidates were ready, but just 16 hours before polling, the bye-election was struck down,” Chodankar stated in a post on X.
The Congress party has further accused the ECI of failing to appeal the High Court’s decision, describing it as a “blow to democracy.” While the ruling BJP initially termed the court’s decision “shocking,” the opposition has alleged that the government connived with the ECI to delay the initial notification, thereby ensuring the remaining term fell under the one-year mark.
In the Special Leave Petition filed before the Supreme Court, Dr. Ketan Bhatikar argues for the restoration of the people’s right to representation. The petition highlights that the election process was already in its final stages, with postal ballots already cast before the High Court’s intervention.
The High Court had previously refused to stay its own judgment, leading to the immediate suspension of all polling activities last week. The Supreme Court is expected to list the matter for hearing later this week.
