Will the Rajasthan High Court Rule on Delayed Panchayat and Municipal Elections Today?
Synopsis
Key Takeaways
- Rajasthan High Court to announce verdict on election delays.
- Claims of unconstitutional postponement of 6,759 Panchayats and 55 Municipalities.
- Arguments presented by petitioners include violations of constitutional provisions.
- Government defends delays citing restructuring and 'One State, One Election'.
- Potential impact on grassroots democracy in Rajasthan.
Jaipur, Nov 14 (NationPress) The Rajasthan High Court is set to announce its significant ruling on the postponement of elections for approximately 6,759 Panchayats and 55 Municipalities across the state, which have been overdue after their terms expired. A division bench led by Acting Chief Justice S.P. Sharma will issue the verdict regarding multiple petitions, including a Public Interest Litigation (PIL) lodged by Giriraj Singh Devanda, former MLA Sanyam Lodha, and others.
The court had reserved its decision on August 12, following the completion of hearings, and nearly three months later, the judgment is anticipated today.
The petitions claim that the state government has unlawfully delayed the Panchayat and Municipal elections, breaching constitutional mandates, and has sought immediate orders to facilitate the polls.
In addition, the court will also deliver a ruling on around 450 petitions concerning the reorganization and delimitation of panchayats.
During the petitioners' arguments, advocate Premchand Devanda contended that a notification was issued by the government on January 16, 2025, to postpone Panchayat elections, contravening Articles 243E, 243K of the Constitution and Section 17 of the Rajasthan Panchayati Raj Act, 1994.
He emphasized that by deferring elections in 6,759 Panchayats, the Rajasthan government has undermined the foundation of grassroots democracy.
According to constitutional guidelines, elections are required to be conducted prior to the conclusion of a Panchayat's five-year term. Once the term concludes, sarpanches forfeit their legal authority and revert to private citizens—hence, appointing them as administrators is unlawful.
Senior advocate Puneet Singhvi, arguing on behalf of ex-MLA Lodha, stated that the government neglected to conduct elections in 55 municipalities whose terms expired in November 2024, subsequently appointing administrators lacking legal authority.
He asserted that the government has breached the Constitution and the Rajasthan Municipal Act, 2009, noting that the Supreme Court has categorically ruled that local body elections cannot be delayed unless extraordinary circumstances arise, such as natural disasters.
In its affidavit, the BJP government presented three primary arguments concerning the testing of ‘One State, One Election’.
The government informed the court of its intention to implement the ‘One State, One Election’ model to conserve public resources, manpower, and time, while enhancing the efficiency of urban and rural local bodies. A high-level committee is being established for this initiative.
The government also discussed Delimitation and District Reorganization. Following the formation and subsequent dissolution of several districts by the previous administration, the state is currently engaged in reorganizing panchayats, redefining district borders, and delimiting municipal entities.
According to the government, elections have been postponed due to ongoing restructuring efforts.
The government asserted that under Section 95 of the Rajasthan Panchayati Raj Act, 1994, it has the jurisdiction to appoint administrators in Panchayats when elections are delayed.
The Act does not delineate who may or may not be appointed, thereby granting the government discretion in selecting administrators.