Hemal Mehta v. State Of Goa, Thr. The Chief Secretary And 7 ORS

WP 295 of 2025 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.295 OF 2025 HEMAL MEHTA ... PETITIONER

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY AND 7 ORS ... RESPONDENTS Mr Vibhav R. Amonkar with Mr Raj Chodankar, Advocates for the Petitioner.

Mr Neehal Vernekar, Additional Government Advocate for Respondent Nos.1 to 3.

Mr. S. Mesta, Advocate, Returning Officer.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 25th July, 2025 P.C.

1. In continuation of our order dated 23.7.2025, where we had taken cognizance of the email communication dated 18.7.2025 at the end of the Reconciliator and Returning officer, addressed to Mr Karan Gurung, giving an intimation that the elections are kept in abeyance.

2. Mr Sudesh Mesta, Advocate Returning Officer, is present before us in person.

3. When we confronted with the election notice and the election programme published by him, scheduling the election on 27.7.2025, Mr Mesta raise a preliminary objection to the maintainability of the petition, since according to him, what is challenged before the Court is an email addressed to Mr Karan Gurung and this is an internal email 25th July, 2025

WP 295 of 2025 and he has never indicated otherwise that the election process shall not be completed as per the programme. He make a specific statement before us that the election shall be held as scheduled on 27.7.2025 and the result thereof be declared forthwith in terms of the election programme published on 30.6.2025.

4. The Returning Officer also specifically clarifies before us that the three persons namely Mr Hemal Mehta, Mr Rahul Tyagi and Mr Umesh Mishra are the candidates who participated in the election process and ballot paper includes their names.

5. By recording the statement of the Returning Officer, we have no reason to entertain the petition.

6. Needless to state that if any remedy is available to raise a challenge to the election process and result of the election, the remedy is open to the aggrieved party.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 25/07/2025 17:27:48 25th July, 2025