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Supreme Court of India 2021-03-12 disposed

STATE OF GOA & ANR vs FOUZIYA IMTIAZ SHAIKH & ANR

Bench: 3 — Rohinton Fali Nariman, B.R. Gavai, Hrishikesh Roy

In Brief

This Supreme Court judgment addresses the validity of a municipal election reservation order in Goa that failed to reserve the constitutionally mandated one-third of seats for women. The Court held that while constitutional bars on election interference exist after elections commence, courts retain power to correct defective pre-election reservation orders that violate the Constitution. The judgment also declares that the appointment of the State's Law Secretary as State Election Commissioner with additional charge violates Article 243K, which requires an independent person. The Court directed fresh elections with corrected reservations and mandated that all State Election Commissioners in India must henceforth be independent, not holding any government office.

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Elections - Municipal Constitutional Law Reservation of Seats Women's Reservation State Election Commission Judicial Review of Election Matters Articles 243K, 243T, 243ZA, 243ZG

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