HYDERABAD/VISAKHAPATNAM: Finding fault with the Andhra Pradesh government for its failure to conduct elections to gram panchayats and appointing special officers to panchayats, the Hyderabad High Court on Tuesday directed the government to hold panchayat polls within three months. While declaring the appointment of special officers to panchayats unconstitutional, the court set aside the GO 90 dated August 1, 2018.

However, it allowed continuation of special officers till the panchayat elections.
The court further directed the AP government to take steps for early completion of the enumeration process of Backward Class population and finalisation of reservation for SCs, STs, BCs and women . It made it clear that the government should extend full cooperation to the State Election Commission (SEC) for the conduct of elections to panchayats. If necessary, the SEC in order to discharge its duties, can seek assistance from the State Governor, the court noted.

Justice MS Ramachandra Rao was passing this order in a petition filed by former sarpanch M Ramakrishna Reddy and three others against the State government for not conducting elections to panchayats and with a plea to suspend the GO 90 issued for appointing special officers to panchayats.
Petitioners’ counsel Ravi Cheemalapati submitted that the  last elections to panchayats were held in the erstwhile united Andhra Pradesh and the term of sarpanches ended on August 1, 2018.

Instead of conducting elections to panchayats, the government issued GO 90 appointing special officers to panchayats. Besides, it has not taken any steps for enumeration of BC population and finalisation of reservation for SCs, STs and women. Even the SEC has not questioned the government in this regard, he pointed out.

After hearing the case and perusing various court judgments, Justice Ramachandra Rao, in his order, stated that both the government and the SEC had failed to discharge their constitutional duties and it led to appointment of special officers to panchayats. As per the Constitution, it is the bounden duty of the government and the SEC to conduct elections before completion of the five-year term of local bodies. Even the Supreme Court had made it clear that conduct of elections to panchayats was mandatory under Article 243 of the Constitution.

The government and the SEC can seek exemption in this regard only if there is any natural calamity. There was no such situation in AP to postpone the elections. The court would not allow the government if it acts contrary to the Constitution. Appointment of special officers was not only a unilateral decision taken by the government, but also against the Constitution, the Judge noted and directed the State government to conduct the panchayat elections within three months.

After the pronouncement of the order, Andhra Pradesh Advocate General Dammapati Srinivas submitted that there were some objections with regard to the three-month time period for the conduct of panchayat elections.

While refusing to consider the submission of the AG, the Judge reminded that the term had already ended on August 1 and it was the government’s responsibility to conduct elections prior to the end of term. It was not proper to raise any objection on the court order, the Judge added.

Reacting to the High Court direction, Chief Minister N Chandrababu Naidu told media persons on the sidelines of Fintech Festival in Visakhapatnam, that they are ready to conduct panchayat elections, but as the reservation issue is now pending in the court, they will conduct the polls once the issue gets solved.

Pawan welcomes HC order

Welcoming the HC direction to the AP government for the conduct of polls to panchayats within three months, Jana Sena chief Pawan Kalyan said the court has ensured the rights of local bodies are protected. He said from the beginning they have been saying that special officer rule in panchayats after the end of the tenure of the elected bodies is not proper. Instead of conducting elections to panchayats, the State government issued the GO 90 appointing special officers. “How can the public grievances be solved sans elected representatives. Non-conduct of elections is tantamount to disregarding the Panchayat Raj Act. HC direction has upheld the sanctity of the Act. The govt is duty bound to conduct elections in a democratic setup,” he said.