Jaipur, Feb 4 The Rajasthan government on Tuesday sought additional time from the High Court to submit its response regarding the postponement of elections in 6,759 Gram Panchayats.
The court granted the government two weeks and asked for a clear timeline for conducting the elections. During the hearing, the state government stated that administrators had been appointed under Section 95 of the Panchayati Raj Act. However, the Act does not specify who can be designated as an administrator.
Meanwhile, the petitioner's lawyer, Premchand Devanda, argued that private individuals cannot be appointed as administrators. He contended that once a Sarpanch’s term ends, they are no longer elected representatives.
According to legal provisions, only a government officer can be appointed as an administrator, and even then, only for six months.
Furthermore, the government’s notification did not specify the duration of the administrators' appointment or the timeline for elections.
Rajasthan government, instead of holding elections in January 2025, appointed outgoing Sarpanches as administrators for 6,759 Gram Panchayats. Additionally, an administrative committee was formed at each Panchayat level, comprising the deputy Sarpanch and ward members.
The Panchayati Raj Department issued a notification on January 16 to implement this arrangement. This decision follows the Madhya Pradesh model, where similar appointments were made in BJP-ruled states. The move is seen as part of a larger strategy to conduct simultaneous elections for all Panchayati Raj institutions in Rajasthan.
Key arguments from the petitioner’s lawyer included violation of constitutional and legal provisions. He said that the government’s January 16 notification postponing elections violates articles 243E and 243K of the Constitution and Section 17 of the Rajasthan Panchayati Raj Act, 1994.
He further termed the situation as destabilisation of Rural governance and said that by postponing elections in 6,759 Panchayats, the government has disrupted the democratic structure of rural institutions.
As per constitutional provisions, Panchayat elections cannot be delayed beyond their five-year term. Further improper appointment of administrators was also mentioned.
"Once a Sarpanch’s term ends, they cease to be public representatives and become private individuals. According to legal provisions, a private individual cannot be appointed as an administrator in Panchayats," said that petitioner' lawyer.
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