LUCKNOW: The Allahabad High Court, on Wednesday, directed the State Election Commission (SEC) to hold polls to three-tier Panchayati Raj institutions in Uttar Pradesh within three months. The order was passed by a division bench comprising Justices Ajit Kumar and Garima Prashad.
The court also dismissed petitions challenging the decision to appoint outgoing village heads as administrators, which alleged that the move was illegal. In its verdict, the court said the current village heads would continue as administrators until the elections were held. This means they would remain in the role for the next three months. A division bench delivered the verdict after a three-hour hearing.
The court said the OBC Commission, set up by the government to conduct a caste census in the state, would continue its work without any hindrance, but the election process would not depend on the commission’s work. Elections would be held under the existing rules and framework, with the provision for 27% reservation for OBCs being followed.
Notably, UP has three-tier rural civic bodies, including 57,695 gram panchayats, 826 Kshetra (block) Panchayats and 75 Zila Panchayats.
The petitioner had moved the Allahabad High Court, seeking a direction to the State Election Commission to place on record a detailed, time-bound schedule for the completion of the entire panchayat election process well before the expiry of the district panchayat tenure.
"It is expected from respondent No. 2 (State Election Commission) that the entire schedule for holding the election should be finalised and brought on record before the next date of listing," the court observed while allowing the plea by Dashrath Yadav.
Meanwhile, lead petitioner Imtiaz Hussain said several petitions had been filed before the Lucknow Bench challenging the appointment of administrators. These were also clubbed with their petition before the Allahabad High Court. However, the court dismissed those petitions while setting a deadline.
Panchayat election petitioner Rai Sahab Yadav said the government had argued that the commission’s report was not yet complete and that it was, therefore, not ready to conduct the elections. The government had also failed to complete the process of revising the reservation system. The court directed that a decision on reservation be taken within six months and that panchayat elections be held within three months.
The petitions being heard by the court had stated that the panchayat elections should have been held by May 26, 2026, or earlier. The High Court had sought an affidavit from the State Election Commission, asking whether it was in a position to conduct the elections in accordance with Article 243E of the Indian Constitution and why the polls could not be held within the stipulated timeframe.
The court said the State Election Commission was expected to finalise the complete election schedule and place it on record before the date of the next hearing.
Petitioner Imtiaz Hussain argued that, under Article 243E of the Constitution, a panchayat’s term could not exceed five years from the date of its first meeting. Therefore, elections must be held on time.
The State Election Commission had argued that, under Section 12-BB of the Uttar Pradesh Panchayat Raj Act, 1947, it was the state government’s responsibility to issue a notification specifying the date for general or by-elections for the post of village head. The notification was to be issued in consultation with the State Election Commission.
During the last hearing on October 9, the High Court had expressed displeasure and dissatisfaction over the OBC Commission’s progress on the caste census. It had said that the commission had apparently prepared the report while sitting in its office rather than conducting field visits.