HITESHBHAI KANTILAL BAROT Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) These petitions raise important questions about the nature of the time limits for holding elections to panchayats and the importance to be attached to the constitutional provisions for such time limits vis-a-vis the other constitutional provisions and the provisions of the Gujarat Panchayat Act, 1993 (the Act for brevity) in the matter of holding elections to panchayats and other institutions of local self-government.

(2.) In May 2005, this group of petitions came to be filed by Gujarat Pradesh Panchayat Parishad (Parishad for brevity) and some of its members (two district panchayats and one taluka panchayat through its respective Presidents) for a writ of mandamus to direct the State Election Commission to complete elections to district panchayats and taluka panchayats in the State, by September 2005. The Parishad is a Society registered under the Societies Registration Act, 1860. All the Panchayats in the State at various levels are the members of the Parishad. The elected Presidents of District Panchayats are members of the executive committee of the Parishad. By letter dated 24.2.2005 (Annexure-A), the Parishad reminded the respondent-authorities of their duty to hold timely elections to Panchayats. By reply dated 9.3.2005 (Annexure-E), the Minister for Panchayats of the State Government replied that the Principal Secretary (Panchayats) is being instructed to take the necessary action. On 21.4.2005 there were newspaper reports in two leading Gujarati dailies that the Government will hold elections to Municipal Corporations and Panchayats in September 2005 within the time limit. However, all of a sudden on 11.5.2005, there was another newspaper report about uncertainty in holding elections as the State Election Commission was not informed to commence the process. The petitioners accordingly moved these petitions on 22.5.2005.

(3.) This Court issued notice on 1.6.2005. As far as the State Government is concerned, the only affidavit on record is dated 28.6.2005 stating that 60 gram panchayats have crossed the population limit of 15000 and, therefore, are to be converted into municipalities and, therefore, such conversion will affect the boundaries of taluka panchayats and district panchayats as well as the number of seats and voters for the purpose of elections to such panchayats. Hence the Delimitation Commission has been approached on 24.6.2005 for seeking its approval in view of the general ban imposed by it against alteration of existing boundaries of the taluka panchayats. After receipt of the approval from the Delimitation Commission requisite notifications will be issued as required by the provisions of Sec.10 and 11 of the Act declaring the number of seats and the percentage of reservation in various areas which will be done within about 15 days' time and thereafter it is for the State Election Commission to proceed in the matter for delimitation of wards, preparation and publication of electoral rolls and the conduct of the election process and its preparation.