The Allahabad High Court has pulled up the Uttar Pradesh Government over the delay in holding Gram Panchayat elections and directed it to file a detailed affidavit.
The Court observed that if the order appointing Gram Pradhans as administrators under Section 12(3-A) had already been declared unconstitutional by the High Court, then why was such an illegal order issued again?
The Court also directed that the Backwards Classes Commission be impleaded as a party in the petition and asked the State Government to place the Commission’s report on record.
Justice Siddharth Nandan’s Bench made it clear that the State Government must inform the Court by when the Panchayat elections will be conducted, failing which the concerned officer will have to appear personally before the Court.
Petitioner Arvind Rathore has challenged two Government Orders dated May 25 and May 26. Counsel for the petitioner argued that these orders were issued under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947, a provision that had already been declared unconstitutional by a Division Bench of the Allahabad High Court in Prem Lal Patel vs State of Uttar Pradesh in the year 2000.
Appearing for the State, the Additional Chief Standing Counsel informed the Court that the State Government had constituted a Commission for determining OBC reservation and that elections to the posts of Gram Pradhan and Gram Panchayat Members could not be conducted until the Commission submitted its report.
Expressing surprise over the submission, the Court observed that the Commission had been constituted pursuant to the directions of the Supreme Court, yet it had still not submitted its report. The State Election Commission informed the Court that the electoral rolls had already been published on June 10, and that it was fully prepared to conduct the elections.
