Delay In Panchayat, Municipal Elections: Rajasthan High Court To Deliver Verdict Today
A division bench headed by Acting Chief Justice S.P. Sharma will pronounce the judgment on a series of petitions, including a Public Interest Litigation (PIL) filed by Giriraj Singh Devanda, former MLA Sanyam Lodha, and others.
The court had reserved its judgment on August 12, after completing the hearing. Nearly three months later, the decision is set to come on Friday.
The petitions allege that the state government illegally postponed Panchayat and Municipal elections, violating constitutional provisions, and demanded immediate directions to conduct the polls.
Along with this, the court will also deliver its verdict on nearly 450 petitions related to reorganisation and delimitation of panchayats.
Appearing for the petitioners, advocate Premchand Devanda argued that the state government issued a notification on January 16, 2025, postponing Panchayat elections in violation of Articles 243E, 243K of the Constitution, and Section 17 of the Rajasthan Panchayati Raj Act, 1994.
He stated that by delaying elections in 6,759 Panchayats, the Rajasthan government has destabilised the grassroots tier of democracy.
According to constitutional provisions, elections must be held before the expiry of a Panchayat's five-year term. Once the term ends, sarpanches lose their legal authority and become private individuals - therefore, appointing them as administrators is against the law.
Arguing on behalf of ex-MLA Lodha, senior advocate Puneet Singhvi said the government failed to hold elections in 55 municipalities whose terms ended in November 2024, instead appointing administrators without legal authority.
He said the government has violated the Constitution and the Rajasthan Municipal Act, 2009, adding that the Supreme Court has clearly ruled that local body elections cannot be postponed except in extraordinary circumstances such as natural disasters.
In its affidavit, the BJP government submitted three main arguments which is testing 'One State, One Election'.
The government informed the court that it plans to pilot the concept of 'One State, One Election' to save public money, manpower, and time, and to ensure better functioning of urban and rural local bodies. A high-level committee is being formed for this purpose.
The next argument was on Delimitation and District Reorganisation. Following the creation and subsequent abolition of several districts by the previous government, the state is currently involved in reorganising panchayats, redefining district boundaries, and delimiting municipal bodies.
Elections have been postponed due to the ongoing restructuring work, the government stated.
The government argued that under Section 95 of the Rajasthan Panchayati Raj Act, 1994, it has the authority to appoint administrators in Panchayats when elections are postponed.
The Act does not specify who can or cannot be appointed, giving the government the discretion to select administrators.
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