Jaipur, 18 August (Kiran News): The Rajasthan High Court has ruled that elections for Panchayati Raj institutions cannot be postponed for an extended period under the pretext of delimitation. The state government is obliged to ensure that the delimitation process is completed on time so that elections can be conducted within the constitutional provisions. Where a panchayat is dissolved, ideally, elections should be held within six months.
The court observed that outgoing sarpanches were appointed as administrators to manage the daily affairs of their panchayats and were allowed to remain in the administrator’s post for six months after the dissolution of the panchayat. However, they were later removed from the post without following the due process. The court, while quashing the order to remove the petitioner administrators, has allowed action against the petitioners under Section 38 of the Panchayati Raj Act. The court also directed that, within two months, action should be taken after hearing the petitioners’ side in the matter. Along with this, the court expressed hope that the state government will give the matter due consideration. The court has sent a copy of its order to the Central Election Commission, State Election Commission, and the Chief Secretary. Justice Anoop Kumar Dhand passed this order while hearing the joint petitions of Mahavir Prasad Gautam and 16 others.
In the petition, advocates Laxmikant Malpura and others stated that after the term of the sarpanches ended, the department issued a notification on 16 January, appointing the outgoing sarpanches as administrators due to the delay in elections. However, they were later removed from the administrator’s post without any inquiry or opportunity to be heard. The petition stated that the notification of their appointment was legally valid, and removing them without inquiry was illegal. Opposing this, the state government argued that the appointment was only for daily management, and the circular on which they were appointed was not statutory. The government also stated that an investigation against the petitioners was pending and sought dismissal of the petitions. After hearing arguments from both sides, the court quashed the removal order and issued further directions.
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