DURGESHWARI RAJESH KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard fnally with the consent of the learned Counsel appearing for the parties.

(2.) By these Petitions under Article 226 of the Constitution of India, the petitioners are challenging Maharashtra Ordinance No. X of 2020 dated 25/06/2020; Government Resolution (for short 'GR') dated 13/07/2020 issued by Rural Development Department, Maharashtra State; the Circular dated 14/07/2020 issued by Rural Development Department, Maharashtra State.

(3.) The term of about 14,234 Village Panchayats in the State of Maharashtra was to expire between the period from 01/04/2020 upto 31/12/2020. Clause (1) of Article 243E of the Constitution of India provides that every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for fve years from the date appointed for its frst meeting and no longer. Clause (3) (a) of Article 243E provides that an election to constitute a Panchayat shall be completed before the expiry of its duration specifed in clause (1). In view of the constitutional mandate, the State Election Commission was obliged to conduct the general elections before the expiry of their terms as provided by Article 243E. However, due to the outbreak of Covid-19 pandemic, it became impossible for the State Election Commission to conduct such elections. Hence, considering the emergency situation, the State Election Commission decided to postpone these elections until further orders. In order to ensure that the ofces of the Village Panchayats do not remain vacant and to ensure the day to day functioning of the Village Panchayats is not impeded, the State Election Commission called upon the State Government to appoint Administrators over all such Village Panchayats by communications dated 20/04/2020 and 01/06/2020.