Prayagraj (Uttar Pradesh) [India], June 26 (ANI): The Allahabad High Court has pulled up the Uttar Pradesh Government over the delay in holding Gram Panchayat elections and directed it to file a detailed affidavit.
The Court observed that if the order appointing Gram Pradhans as administrators under Section 12(3-A) had already been declared unconstitutional by the High Court, then why was such an illegal order issued again?
The Court also directed that the Backwards Classes Commission be impleaded as a party in the petition and asked the State Government to place the Commission’s report on record.
Justice Siddharth Nandan’s Bench made it clear that the State Government must inform the Court by when the Panchayat elections will be conducted, failing which the concerned officer will have to appear personally before the Court.
Petitioner Arvind Rathore has challenged two Government Orders dated May 25 and May 26. Counsel for the petitioner argued that these orders were issued under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947, a provision that had already been declared unconstitutional by a Division Bench of the Allahabad High Court in Prem Lal Patel vs State of Uttar Pradesh in the year 2000.
Appearing for the State, the Additional Chief Standing Counsel informed the Court that the State Government had constituted a Commission for determining OBC reservation and that elections to the posts of Gram Pradhan and Gram Panchayat Members could not be conducted until the Commission submitted its report.
Expressing surprise over the submission, the Court observed that the Commission had been constituted pursuant to the directions of the Supreme Court, yet it had still not submitted its report.
The State Election Commission informed the Court that the electoral rolls had already been published on June 10, and that it was fully prepared to conduct the elections. However, the election process had been stalled due to the State Government’s failure to make the necessary arrangements.
Justice Siddharth Nandan observed that since the impugned Government Orders had been issued under an unconstitutional provision, they were void and non-existent in the eyes of law. The Court further held that Gram Pradhans could not be allowed to continue as administrators under the law.
Granting the State Government one final opportunity, the Court directed it to file a detailed affidavit indicating the status of the OBC Commission’s report and the timeline for conducting the elections. It further warned that if the affidavit was not filed, the responsible officer would have to remain personally present on the next date of hearing.
The Court also sought an explanation as to why the Government had issued orders based on a statutory provision that had already been declared unconstitutional by a Division Bench of the High Court, warning that failure to justify the action could amount to contempt of court.
The matter has been listed for further hearing on July 13 at 2:00 PM.
The case raises significant constitutional questions relating to the fixed tenure of Panchayats under Articles 243E and 243K of the Constitution, as well as the autonomy of the State Election Commission. (ANI)
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