Notify urban local body polls by Aug 15, says HC
JAIPUR/JODHPUR, July 21 -- The Rajasthan High Court on Monday directed the state government and the State Election Commission to notify elections to urban local bodies on or before August 15 and complete the long-delayed polls to both urban local bodies and Panchayati Raj institutions by November 15.
A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit was hearing a batch of petitions filed by former MLA Sanyam Lodha and others seeking timely conduct of the elections. During the previous hearing on July 16, the bench had expressed dissatisfaction with the functioning of the state government and the State Election Commission and granted them a final opportunity to place a definite election schedule on record.
At Monday's hearing, Advocate General Rajendra Prasad placed before the court an affidavit filed by the state government along with decisions taken at a meeting chaired by the chief secretary on July 19.
He informed the bench that the State OBC Commission would complete its remaining exercise and submit its report by August 5.
Based on the report, the Local Self Government Department and the Panchayati Raj Department would complete the reservation lottery process by August 15, after which the State Election Commission would conduct the elections.
The court, however, did not agree with the proposal to notify the urban local body elections on August 17. It directed that the reservation lottery for wards be completed within a week of the OBC Commission submitting its report and that the election notification be issued on or before August 15. The court also accepted the government's proposal to notify elections to Panchayati Raj institutions on September 23, immediately after the completion of the urban local body polls.
The bench made it clear that neither the state government nor the Election Commission would be granted any further time.
It instructed the secretary of the OBC Commission to ensure there was no delay in submitting the report and warned that if there was any delay in the election process, responsibility would be fixed on the officials concerned.
The State Election Commission has proposed a four-phase schedule for the Panchayati Raj elections, with polling for panch, sarpanch, panchayat samiti and zila parishad members scheduled between October 13 and November 5.
Elections to urban local bodies have been proposed in two phases, with polling for ward members on September 6 and September 9.
The process for electing chairpersons will begin on September 12, with nominations on September 14 and polling on September 19.
During the hearing, the court also took up petitions filed by former MLA Sanyam Lodha and Girraj Singh Devenda, whose counsel opposed the government's request for additional time.
Advocate P.C. Devenda, appearing for Girraj Singh Devenda, told HT, "It is a constitutional mandate that elections to Panchayati Raj Institutions and Urban Local Bodies must be completed before the expiry of their five-year term. The Hon'ble Court has already granted time twice, yet the State Government and the State Election Commission have failed to complete the election process within the stipulated deadlines. Any further extension would perpetuate the unconstitutional delay and defeat the mandate of democratic self-governance."
Advocate Puneet Singhvi, representing Lodha, told HT that he argued the entire 2019 local body election process had been completed within 21 days and questioned why the government now required nearly three months. He also pointed out that the High Court had earlier directed the government not to wait for the OBC Commission's report before proceeding with the election process....
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