The Crossbill News Desk
The Allahabad High Court has given the Uttar Pradesh government and the State Election Commission three months to complete elections to the state’s three-tier Panchayati Raj institutions, directing them to proceed with preparations without waiting for the completion of an inquiry into reservations for Other Backward Classes (OBCs).
A division bench of Justices Ajit Kumar and Garima Prashad issued the order on Wednesday (October 14), while allowing a petition filed by Dashrath Yadav and others seeking a time-bound schedule for the panchayat elections before the expiry of the district panchayat tenure.
The court directed the state government and the election commission to begin preparations immediately, announce the election programme and ensure that the elected bodies are constituted within the stipulated period.
"The State Government and the State Election Commission shall proceed forthwith with the preparatory steps, issue the election programme, and complete the elections to the village panchayats in Uttar Pradesh within three months from the date of this judgement. The schedule shall provide for the steps necessary to constitute the elected bodies within the above-prescribed period," news agency PTI quoted the bench as saying.
The elections cover all three tiers of rural local governance: zila panchayats at the district level, Kshetra panchayats at the intermediate level and Gram Panchayats at the village level. The petitioner had approached the court seeking directions for a comprehensive schedule covering the entire electoral process.
On the contentious issue of reservations, the bench directed that the elections be held under the existing framework, including the 27% quota for OBCs. The court made clear that the pending inquiry by the Dedicated Commission would not be grounds for treating OBC-reserved seats as unreserved.
"The State Government and the State Election Commission shall conduct the entire elections under the existing reservation arrangement, including 27% reservation for Other Backward Classes,” the court said.
"The elections shall not be conducted by treating the OBC-reserved seats as open seats merely because the Dedicated Commission's inquiry remains pending. Reservations for Scheduled Castes, Scheduled Tribes and women shall be maintained in accordance with the applicable laws, subject to the aggregate ceiling governing vertical reservation," the court added.
The bench also directed the state government to provide the election commission with the necessary personnel, funding, security and logistical support to ensure that the polls are completed on time.
It cautioned that the deadline would not permit administrators to continue in office beyond the period allowed under the law.
"The State Government shall provide the staff, funds, security and other logistical assistance as may be required by the State Election Commission to hold elections within the time bound period above. The time allowed for completion of the elections does not extend an administrator's tenure beyond the period permitted by law. Any intervening administrative arrangement must remain within the applicable statutory limits," stated the court.
The Dedicated Commission, meanwhile, has been instructed to continue its investigation and compile empirical data on the OBC population to support its recommendations on reservation.
The court said the inquiry must be completed within the period already prescribed or within any extension granted by the state government. The state will then have to examine the recommendations and take the necessary statutory steps, including legislative amendments where required, to implement them lawfully.
"The dedicated Commission shall continue with its investigation and inquiry considering the observations contained in the body of the judgment for collective empirical data qua OBC and preparation of report on that basis.”
"It shall complete its process within the period already prescribed within such extended period as be provided by the State Government. The State shall thereafter examine the recommendations and undertake the statutory steps and amendments, where required, for their lawful implementation," the court said.
However, the bench declined to interfere with the state government's decision to appoint administrators to Gram Panchayats. It rejected the petitioners' plea to quash the May 25, 2026 government order invoking Section 12(3-A), as well as the appointments of outgoing Pradhans as administrators of their respective Gram Panchayats. The court also rejected the challenge to Sections 12(3-A) and 12-BB(3) as being unconstitutional under Article 243-E.
"The relief for quashing the Government order dated May 25, 2026 invoking power under Section 12(3-A) for appointment of administrator and so also relief for quashing of the appointments of outgoing Pradhans as administrators of respective Gram Panchayats are hereby rejected. The relief for declaration with regard to Sections 12(3-A) and 12-BB(3) as ultra vires Article 243-E is also hereby rejected and hence the Writ petitions in that regard stand rejected," the court further said.
The ruling sets a three-month deadline for the completion of the panchayat elections while allowing the OBC reservation inquiry to continue separately, requiring the authorities to maintain the existing reservation framework during the electoral process.
A division bench of Justices Ajit Kumar and Garima Prashad issued the order on Wednesday (October 14), while allowing a petition filed by Dashrath Yadav and others seeking a time-bound schedule for the panchayat elections before the expiry of the district panchayat tenure.
The court directed the state government and the election commission to begin preparations immediately, announce the election programme and ensure that the elected bodies are constituted within the stipulated period.
"The State Government and the State Election Commission shall proceed forthwith with the preparatory steps, issue the election programme, and complete the elections to the village panchayats in Uttar Pradesh within three months from the date of this judgement. The schedule shall provide for the steps necessary to constitute the elected bodies within the above-prescribed period," news agency PTI quoted the bench as saying.
The elections cover all three tiers of rural local governance: zila panchayats at the district level, Kshetra panchayats at the intermediate level and Gram Panchayats at the village level. The petitioner had approached the court seeking directions for a comprehensive schedule covering the entire electoral process.
On the contentious issue of reservations, the bench directed that the elections be held under the existing framework, including the 27% quota for OBCs. The court made clear that the pending inquiry by the Dedicated Commission would not be grounds for treating OBC-reserved seats as unreserved.
"The State Government and the State Election Commission shall conduct the entire elections under the existing reservation arrangement, including 27% reservation for Other Backward Classes,” the court said.
"The elections shall not be conducted by treating the OBC-reserved seats as open seats merely because the Dedicated Commission's inquiry remains pending. Reservations for Scheduled Castes, Scheduled Tribes and women shall be maintained in accordance with the applicable laws, subject to the aggregate ceiling governing vertical reservation," the court added.
The bench also directed the state government to provide the election commission with the necessary personnel, funding, security and logistical support to ensure that the polls are completed on time.
It cautioned that the deadline would not permit administrators to continue in office beyond the period allowed under the law.
"The State Government shall provide the staff, funds, security and other logistical assistance as may be required by the State Election Commission to hold elections within the time bound period above. The time allowed for completion of the elections does not extend an administrator's tenure beyond the period permitted by law. Any intervening administrative arrangement must remain within the applicable statutory limits," stated the court.
The Dedicated Commission, meanwhile, has been instructed to continue its investigation and compile empirical data on the OBC population to support its recommendations on reservation.
The court said the inquiry must be completed within the period already prescribed or within any extension granted by the state government. The state will then have to examine the recommendations and take the necessary statutory steps, including legislative amendments where required, to implement them lawfully.
"The dedicated Commission shall continue with its investigation and inquiry considering the observations contained in the body of the judgment for collective empirical data qua OBC and preparation of report on that basis.”
"It shall complete its process within the period already prescribed within such extended period as be provided by the State Government. The State shall thereafter examine the recommendations and undertake the statutory steps and amendments, where required, for their lawful implementation," the court said.
However, the bench declined to interfere with the state government's decision to appoint administrators to Gram Panchayats. It rejected the petitioners' plea to quash the May 25, 2026 government order invoking Section 12(3-A), as well as the appointments of outgoing Pradhans as administrators of their respective Gram Panchayats. The court also rejected the challenge to Sections 12(3-A) and 12-BB(3) as being unconstitutional under Article 243-E.
"The relief for quashing the Government order dated May 25, 2026 invoking power under Section 12(3-A) for appointment of administrator and so also relief for quashing of the appointments of outgoing Pradhans as administrators of respective Gram Panchayats are hereby rejected. The relief for declaration with regard to Sections 12(3-A) and 12-BB(3) as ultra vires Article 243-E is also hereby rejected and hence the Writ petitions in that regard stand rejected," the court further said.
The ruling sets a three-month deadline for the completion of the panchayat elections while allowing the OBC reservation inquiry to continue separately, requiring the authorities to maintain the existing reservation framework during the electoral process.
Comments (0)
Leave a Comment