Karnataka HC Directs SEC To Announce Schedule Of Panchayat Elections Within Three Weeks

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "We hold that in view of constitutional mandate of clause 3 of Article 243 (E) it is mandatory duty of SEC to complete elections of a gram panchayat before its term is over. It is only in exceptional conditions that the SEC can hold elections of a gram panchayat after the expiry of term is over. Such exceptional circumstances exist or not is a matter to be exclusively decided by the SEC and the State government has no role to decide whether such exceptional circumstances exist or not. For deciding whether such exceptional circumstances are in existence it is always open for the SEC to consult the government on factual aspects."

The bench while partly allowing the petition filed by one K C KONDAIAH said "SEC may have discretion of postponing elections for a reasonable period. But considering the Independent status of the SEC whether such an extraordinary situation is in existence or not is to be exclusively decided by the SEC. State has no say in the decision making process."

It added "If for arriving at a decision SEC wants any clarifications or feedback or any information about the prevailing situation in the state for conducting local body elections, the highest SEC can seek feedback from officers of the state. If found necessary it may always consult the State govt. However, such consultation is not mandatory as the state has no role to play in conduct of such elections."

The bench has in its order also said that if the SEC needs staff for conducting the elections it should approach the Governor and not the Government.

The SEC had postponed the General Elections to Grama Panchayats owing to unavoidable circumstances. The power purportedly exercised was under Article 243K of the Constitution of India and Section 308 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short, 'the said Act of 1993'). The state government had cited the prevailing Covid-19 situation to postpone the elections.

Presently administrators are appointed for a temporary period until the threat of COVID-19 recedes to the Village Panchayats where tenure of 5 years of elected representatives is completed.