Lucknow: The Lucknow bench of Allahabad High Court has sought a reply from the state government on an important ongoing case regarding the administration of Gram Panchayats in Uttar Pradesh. This case pertains to those village heads who were given the responsibility as administrators after the tenure of the Gram Panchayats ended. The court has asked the government to present a detailed view on the legal basis and constitutional aspects of this system.
During the hearing of the case, the court also wanted to know how far the necessary process has progressed towards holding Panchayat elections. In particular, information has been sought from the government on the current status of the report of the Uttar Pradesh Backward Classes Commission. Now the next hearing of this case has been scheduled on August 4.
Questions were raised on which provision?
In the PIL, the constitutional validity of Section 12(3-A) of the Uttar Pradesh Panchayati Raj Act, 1947 has been challenged. The petitioner says that on the basis of this provision, the government appointed the outgoing village heads as administrators even after the five-year tenure of the Gram Panchayats ended, due to which they continued to handle the functioning of the Panchayats. It has been argued in the petition that this system is not in accordance with the spirit of the Constitution and also raises questions on the democratic structure of Panchayats.
Demand to cancel the government order also
The petitioner has also demanded from the court to cancel the government order, under which former village heads were given the responsibility of administrators after the end of their tenure across the state. He argues that after the end of the tenure, the new system should be implemented in accordance with the democratic process.
Also cited the old decision
During the hearing, an old decision of the High Court was mentioned on behalf of the petitioner. It was argued that a similar provision had already been declared unconstitutional by the court in the year 2000. Later the matter reached the Supreme Court, but instead of giving a final decision on constitutional validity, the question was again left open for consideration by the High Court.
The government presented its stand
On behalf of the state government, it was said in the court that the present bench has the authority to decide on this subject and there is no need to send the matter to a larger bench. The government indicated that it would submit a detailed reply in its favor to the court.
keeping an eye on the next hearing
Now the next hearing on this entire matter will be on August 4. After the government’s reply comes in the court, it will be decided what further direction will be taken regarding the related provision and the administrative system issued on its basis. This decision may also impact the administrative system of Gram Panchayats of the state and the process of future Panchayat elections.
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