Court Orders State Government to Expedite Panchayat Elections and File Detailed Affidavit
In a significant ruling, the Allahabad High Court has declared the orders issued under Section 12(3-A) of the U.P. Panchayat Raj Act, 1947, unconstitutional, stating that they violate Articles 243E and 243K of the Indian Constitution. The judgment, delivered by Justice Siddharth Nandan, emphasizes that the State Government cannot defer Panchayat elections beyond the prescribed five-year term or encroach upon the powers of the State Election Commission.
The writ petition was filed by Arvind Rathore against the State of Uttar Pradesh and others, challenging the orders dated 25.05.2026 and 26.05.2026, which were passed in purported exercise of powers under the disputed section. The court found these orders to be nonest, rendering them without any legal effect.
The judgment highlighted that the term of a Panchayat is fixed at five years, and elections must be conducted before this period expires. The court criticized the State Government for attempting to defer elections, thereby usurping the powers of the State Election Commission, which is vested with the authority to conduct Panchayat elections.
Moreover, the court addressed the State's contention that elections could not be held due to pending reports from the O.B.C. Commission regarding reservation aspects. The court expressed surprise that despite the appointment of the O.B.C. Commission, no report had been submitted, hindering the election process.
The court directed the State Government to file a detailed affidavit disclosing the time frame for conducting Panchayat elections and the status of the O.B.C. Commission's report. Failure to comply with this directive could result in prima facie contempt proceedings against the responsible official, requiring their personal appearance in court.
This ruling reinforces the constitutional mandate for timely elections and underscores the necessity for state authorities to adhere to constitutional provisions and respect the autonomy of the State Election Commission.
Bottom Line:
Orders issued under Section 12(3-A) of the U.P. Panchayat Raj Act, 1947, held unconstitutional by the Division Bench of this Court, are nonest, and the continuation of Pradhans as administrators is impermissible. State Government directed to file a detailed affidavit disclosing the time frame for Panchayat elections, failing which personal appearance of respondent no.2 may be required.
Statutory provision(s): Articles 243E, 243K of the Constitution of India, Section 12(3-A) of the U.P. Panchayat Raj Act, 1947
Arvind Rathore v. State of U.P., (Allahabad) : Law Finder Doc id # 2930225
