Rajasthan HC summons State Election Commissioner on poll delay
Synopsis
Key Takeaways
The Rajasthan High Court on Wednesday, 15 July summoned State Chief Election Commissioner Rajeshwar Singh and the Member Secretary of the OBC Commission, directing both officials to appear in person on Thursday after expressing sharp displeasure over the prolonged delay in holding Panchayat and local body elections in the state. The court has asked them to explain why previous judicial orders have not been complied with.
What the Court Said
A division bench comprising Acting Chief Justice S.P. Sharma and Justice Sanjeet Purohit made clear that if the State Election Commission is incapable of discharging its constitutional duty, the court may consider entrusting the responsibility to another competent authority. The bench also warned the state government against creating conditions that would compel the court to pass stringent orders.
The court orally remarked that if the officials responsible for conducting elections and preparing the OBC reservation report are unable to perform their duties, competent individuals should replace them — an unusually stern signal from the bench.
The Government's Position
Advocate General Rajendra Prasad, appearing for the state government, submitted that Other Backward Class (OBC) representation in Panchayat and local body elections is constitutionally essential, and that the reservation classification could not be finalised because the OBC Commission's report is still pending. He sought one final opportunity to proceed with the election process, stating that the Commission has assured submission of its report by 14 August.
Petitioners Push Back
Advocate Puneet Singhvi, representing petitioner and former MLA Sanyam Lodha, countered that the High Court's order of 22 May had already made clear that elections cannot be deferred pending the OBC Commission's report if it is not submitted on time. He argued that continuing to postpone the polls on this ground amounts to contempt of court.
Advocate Premchand Devanda, appearing for petitioner Giriraj Singh Devanda, pointed out that conducting Panchayat and local body elections is the constitutional obligation of the State Election Commission under Article 243(K) of the Constitution, and that the Commission has comprehensively failed to comply with the court's directives.
A Pattern of Missed Deadlines
This is not the first time the court has been forced to intervene. The Rajasthan High Court had initially directed that the elections be held by 15 April. When the government sought more time, the court extended the deadline to 31 July, with an explicit instruction that the process be completed without fail. The OBC Commission had separately been ordered to submit its report by 20 June — a deadline it missed.
With Thursday's personal appearance now mandated, the court's patience appears to have run thin. How the summoned officials respond could determine whether the elections proceed before the latest deadline or trigger further legal action.