HC dismisses plea against Serula comunidade election

Panaji: The high court of Bombay at Goa has dismissed a petition challenging the election of Serula comunidade office-bearers.

The petitioners sought orders from the court to quash and set aside the election that took place in Jan this year for the triennial period of 2025-28, on the grounds that the show of hands election procedure amounted to the denial of free and fair polls.

The high court held that the petitioners, just because they were defeated in the election, were not justified in questioning the “mode of election by open ballot, which has been part of the Code of Comunidades in force since 1961 and has been widely accepted and implemented.”

Mario Athaide and others had approached the high court seeking to quash the election procedure adopted to constitute the managing committee of the comunidade.

The division bench of the HC, comprising justices Bharati Dangre and Nivedita Mehta, said that the grievance of irregularity in the conduct of the election should be raised before the administrative tribunal.

“Since we are of the view that the administrative tribunal can investigate the irregularity by presenting the evidence to be laid either in the form of documents or oral evidence, it is possible for the petitioner to establish the irregularity,” the bench said. “Upon being so found, the election can be annulled to be followed by a direction to conduct a fresh election.”

The high court declined to entertain the petition in light of the alternative remedy available to the petitioners in the form of an appeal to the administrative tribunal.