Will the Delay in Rajasthan ULB and Panchayat Elections Be Resolved by the Supreme Court?
Synopsis
Key Takeaways
- Supreme Court hearing on election delays today.
- Former MLA Sanyam Lodha challenges state government actions.
- Constitution mandates timely elections for local bodies.
- Appointment of administrators is contested as unconstitutional.
- High Court's extension of election timeline is under scrutiny.
Jaipur, Dec 19 (NationPress) The significant delay in conducting elections for Rajasthan’s urban local bodies (ULBs) and Panchayati Raj institutions has escalated to the Supreme Court, which is set to deliberate on this issue today.
A petition initiated by former MLA Sanyam Lodha through a Special Leave Petition (SLP) challenges a recent ruling from the Rajasthan High Court that granted the state government additional time to organize these elections. Lodha is urging the apex court’s intervention for prompt elections, asserting that constitutional violations are at stake.
The petition emphasizes that the Constitution requires elections for local bodies to occur before or immediately following the end of their five-year terms. Instead of facilitating these elections, the state government has appointed administrators, which the petitioner argues is a blatant violation of the Constitution and established directives from the Supreme Court.
It is noted in the petition that the terms of 52 urban local bodies lapsed over a year ago, yet elections remain unheld, thus compromising the constitutional framework that governs local self-governance.
On November 14, the Rajasthan High Court instructed the state government to organize municipal elections by April 15, 2026. Lodha contests this extension before the Supreme Court, asserting that the High Court made an error by allowing it despite clear constitutional and statutory requirements.
Furthermore, the petition asserts that the appointment of administrators instead of elected officials contradicts the 74th Constitutional Amendment. It references Sections 7 and 11 of the Rajasthan Municipal Act, 2009, which ostensibly do not permit any prolongation of a municipal body’s term past its expiration.
Lodha contends that delaying elections undermines democratic governance, diminishes accountability in welfare scheme implementations, and causes daily disruptions for citizens, resulting in systemic harm.
Claiming a conscious and malicious intention to delay the holding of municipal elections, the petition states that elections for urban local bodies cannot be indefinitely postponed under any law. It implores the Supreme Court to exercise its authority under Article 136 of the Constitution and take immediate action.
Moreover, the petition argues that the High Court, in its ruling on November 14, inadequately considered the stipulations of the Rajasthan Municipal Act, 2009, and binding Supreme Court precedents that mandate timely elections, referencing cases where the apex court ordered immediate elections in states like Punjab.