Bombay High Court
GIRISH CHODANKARversusTHE ELECTION COMMISSION OF INDIA THR SECRETARY (POLITICAL PARTY) AND ANR
- Disposal
- Rule made absolute
Holding
The Court ordered the CEO to verify the application by 9 Oct 2026 and the ECI to decide on the registration, after hearing objections, by 30 Nov 2026.
Summary
Petitioner Girish Chodankar filed Writ Petition No.1118/2026 seeking a mandamus directing the Election Commission of India (ECI) to consider his objections to the registration of a new political party named "Goa Congress Party". In Writ Petition No.1277/2026, Francisco Antonio Gouveia applied under Section 29A of the Representation of the People Act, 1951 for registration of the same party. The Court examined the scope of Section 29A, the role of the Chief Electoral Officer (CEO) of Goa in verifying the application, and the procedure for hearing objections. It directed the CEO to complete verification by 9 October 2026 and the ECI to consider the application, objections and any further material, give notice by e‑mail, and dispose of the matter by 30 November 2026. The orders were made absolute and both writ petitions were disposed.
Issues considered
- What procedural steps must the Chief Electoral Officer and the Election Commission follow under Section 29A of the Representation of the People Act, 1951 for registration of a new political party?
- Whether the objections raised by the petitioner must be heard before the ECI decides on the registration application.
Legislation cited
- Representation of the People Act, 1951 — s. 29A, 2D, 8
Subjects
- political party registration
- Section 29A
- Election Commission of India
- mandamus
- Chief Electoral Officer
- objections hearing
- Representation of the People Act
Judgment
2026:BHC-GOA:1949-DB (904 & 905) WP 1118.2026 WP 1277.2026
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.
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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
… Petitioner
Party”
Versus
1. Election Commission of India,
Through its Secretary,
Nirvanchan Sadan, Ashoka Road,
New Delhi-110001.
E-mail Id:[email protected]
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.
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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.
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