FRANCISCO ANTONIO JACINTO GOUVEIA v. ELECTION COMMISSION OF INDIA THR ITS SECRETARY AND ANR
WP/1277/2026 · 2026-09-29
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[ 2026 DAILYLAW 12860 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12860 (BOM) · dailylaw.ai ]
Judgment text
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(904 & 905) WP 1118.2026 WP 1277.2026 29th September, 2026
Sonam IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 1118 OF 2026
1. Shri. Girish Chodankar, Son of Shri. Raya Chodankar, 56 years of age, Teacher by Profession, Married, Indian National, Resident of LAROM, E-1, Nilkanth Building Society, Cupangale, Gagol, Margao, Goa.
… Petitioner Versus
1. The Election Commission of India Through Secretary (Political Party), Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001.
2. Goa Congress Party Through its President C/o Diana Gouveia, H. No. 169/1, Velsao, Cansaulim, Mormugao, South Goa, Goa-403712.
…Respondents
Mr. Abhijit Gosavi with Ms. Krupa Naik, Advocates for the Petitioner.
2026:BHC-GOA:1950-DB
(904 & 905) WP 1118.2026 WP 1277.2026 29th September, 2026
Mr. Gaurish Agni with Mr. Yash Naik and Mr. Madhav Cuncoliencar, Advocates for Respondent No. 1.
Mr. Samuel Abraham, Advocate for Respondent No. 2.
WITH WRIT PETITION NO. 1277 OF 2026
Mr. Francisco Antonio Jacinto Gouveia, S/o Manuel Santan Gouveia, 65 years of age, Indian National, Resident of H. No. 169/1, Velsao, Cansaulim, Mormugao, South Goa, Goa – 403712, Being the duly authorised President and a founder-member of a political Association/body Formed in the State of Goa Under the name and style “Goa Congress Party”
… Petitioner Versus
1. Election Commission of India, Through its Secretary, Nirvanchan Sadan, Ashoka Road, New Delhi-110001. E-mail Id:cec@eci.gov.in
2. Union of India, Through its Secretary, Ministry of Law & Justice (Legislative Department),
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Shastri Bhawan, New Delhi-110001.
…Respondents
Mr. Samuel Abraham, Advocate for the Petitioner.
Mr. Gaurish Agni with Mr. Yash Naik and Mr. Madhav Cuncoliencar, Advocates for Respondent No. 1.
Ms. S. Falcao, Advocate holding for Mr. Pravin Faldessai, Deputy Solicitor General of India for Respondent No. 2.
CORAM : VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ. DATED : 29TH SEPTEMBER, 2026
ORAL JUDGMENT (per Valmiki Menezes, J.):
1. Heard learned Advocates for the parties. 2. Rule. Rule is made returnable forthwith; at the request of and with the consent of learned Advocates for the parties, the matter is finally heard and disposed of. Learned Advocate Mr. Madhav Cuncoliencar waives service of notice on behalf of Respondent No. 1 in Writ Petition No. 1118/2026 and Writ Petition No. 1277/2026, learned Advocate Mr. Samuel Abraham waives service of notice on behalf of Respondent No. 2 in Writ Petition No. 1118/2026 and learned Advocate Ms. S. Falcao waives service of notice on behalf of Respondent No. 2 in Writ Petition No. 1277/2026. (904 & 905) WP 1118.2026 WP 1277.2026 29th September, 2026
3. In Writ Petition No. 1118/2026, the Petitioner has sought the writ of mandamus to the Election Commission of India (ECI), Respondent No. 1, to consider and pass orders on the Petitioner’s objections dated 11.07.2026, 27.07.2026 and 02.08.2026 to the proposal of Respondent No. 2, who had filed an application for registration of the Political Party under the name and style “Goa Congress Party”. 4. Writ Petition No. 1277/2026 has been filed by one Francis Antonio Gouveia, who has filed an application under Section 29A of the Representation of the People Act, 1951, stating that he has formed a new Political Party under the name “Goa Congress Party” and he has sought its registration with the ECI. 5. We have considered the scope of Section 29A of the Representation of the People Act, 1951, and the averments made in the aforementioned petitions. 6. The Petitioner in Writ Petition No. 1277/2026 has filed an application for registration of the Political Party on 29.06.2026; this application came to be ultimately processed and was forwarded with all its annexures to the Chief Electoral Officer (CEO) of the ECI, in the State of
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Goa on 25.09.2026. It is now for the CEO for the State of Goa to verify the application and to confirm the existence and the residence of the Affiants, who have supported the application. A statement is made on instructions from the ECI by learned Advocate Mr.
Gaurish Agni that this process would be completed by the CEO of the State of Goa by 09.10.2026, after which a report will be submitted by the said officer to the ECI for decision under Section 29A of the said Act. We accept this statement, and direct the CEO for the State of Goa to complete the verification process of the application within the time stipulated above. 7. Once the report of the CEO is received by the ECI, it shall be processed along with the application and the objections of the Petitioner in Writ Petition No. 1118/2026, and any other objections that may be received, and the same shall be placed before the ECI as required under Section 2D of the Representation of the People Act, 1951, for a decision under Section 29A. This process shall be completed by the Registry/Officers of the ECI latest within 15 days on receiving the report, after which the ECI shall decide the application under Section 29A, after giving adequate notice of a hearing to the Applicant i.e. the Petitioner in Writ Petition No. 1277/2026 and to the objector, including the
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Petitioner in Writ Petition No. 1118/2026; the notice by E-mail to the Applicant and the objector shall suffice. After considering all the material before it, the ECI shall dispose of the application under Section 29A in terms of Sub Section 8 thereof by 30.11.2026. 8. Rule is made absolute in the above terms. Writ Petition No. 1118/2026 and Writ Petition No. 1277/2026 stand
disposed of.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.