Dehradun: The
Uttarakhand high court, while hearing petitions and a
public interest litigation (PIL) challenging the appointment of outgoing zila panchayat chairpersons as administrators across 12 districts of the state, excluding Haridwar, the appointment of outgoing village heads as administrators in village panchayats, as well as the delay in conducting the three-tier panchayat elections, stated that there should be no question of appointing administrators once the tenure of the elected panchayats ends.
The bench comprising Chief Justice G Narendar and Justice Alok Mahra observed that it is a constitutional process, and elections should be conducted accordingly, so the state govt cannot shirk its responsibilities. The court directed the state govt to present a schedule for the three-tier panchayat elections by May 20.
During the hearing on Friday, Sanjay Bhatt, counsel for the state election commission (SEC), said that the final voter list was published and that the commission is fully prepared to hold elections as soon as the state govt issues the final notification regarding reservations for the posts. The state govt was informed of this in writing by the commission.
A PIL, filed by former village head Vijay Tiwari and others, states that initially, after the completion of the terms of the elected district panchayat boards, the state govt had appointed the outgoing district chairpersons as well as village heads as administrators instead of conducting fresh elections. Petitioners argued that the appointment of village heads as administrators could influence upcoming elections and demanded immediate action in the matter.
The petitioners cited several Supreme Court judgments, stating that an administrator can only be appointed if the village assembly has been dissolved under exceptional circumstances. Even after dissolution, elections must be conducted within six months, and the term of administrators cannot exceed six months. However, the opposite is happening in the state.
Petitioners alleged that despite the lapse in tenure of panchayats in 12 districts, the govt continues to appoint outgoing village heads as administrators, suggesting that the state govt is not in a position to conduct elections yet.