The Bombay High Court at Goa on Wednesday set aside the Ponda Assembly by-election scheduled for April 9, halting the poll process just hours before voting was to begin.
The order came following petitions filed by voters from the constituency, who challenged the conduct of the by-election on legal grounds. The Court accepted the argument that any candidate elected would not be able to complete the minimum one-year tenure contemplated under the Representation of the People Act, 1951. It also declined a request by the Election Commission of India to stay the order.
Petitioners pointed out that the current term of the Goa Legislative Assembly ends on March 14, 2027. They argued that a newly elected MLA would assume office only after completion of the election process, leaving a remaining tenure of around ten months.
They contended that the law provides an exception to holding a by-election if the remaining tenure is less than one year, and therefore the poll should not be conducted.
The Court was also informed that such a short tenure would limit the legislative role of the elected representative, who may get an opportunity to attend only one Assembly session. It was further submitted that in case of early general elections, the MLA might not get a chance to participate in any session.
The petitions also raised concerns over the financial and administrative implications of conducting the by-election. It was argued that the exercise would involve significant public expenditure and impose costs on candidates, while the Model Code of Conduct would affect routine governance and administrative functioning.
The by-election was necessitated following the death of sitting MLA and former Agriculture Minister Ravi Naik in October 2025.
The contest had developed into a multi-cornered fight, with candidates from major political parties actively campaigning in the constituency. Campaigning had concluded and the constituency had entered the mandatory 48-hour silence period when the Court delivered its ruling.
During the hearing, the Election Commission submitted that the remaining tenure should be calculated from the date the seat fell vacant in October 2025, when more than one year of the Assembly term remained. It was also noted that the State government had not filed an affidavit in response to the petitions.
With the High Court’s order, the by-election process has been halted. Further legal and administrative steps are expected to determine the future course for the Ponda constituency.
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