Daijiworld Media Network - Bengaluru (SP)
Bengaluru, Jul 4: The state high court has upheld the state government's decision asking all the district deputy commissioners to take steps to appoint administrative officers to gram panchayats that have completed their five-year terms.
A single judge bench of the high court presided over by Justice Krishna Dixit dismissed petitions filed by 16 persons including Somaguddi gram panchayat president, C L Sathish and mothers seeking to annul the government's order.
The bench observed that as per section 9 of Panchayat Raj Act, the term of gram panchayats is five years. It said that as per article 243E of the Indian Constitution, elected representatives cannot continue beyond the period of five years. It said that the high court cannot go against this rule and ask the elected representatives to continue even after their term ends. It therefore refused to entertain the request of the petitioners to allow them to continue in office under the argument that administrative officers would be unable to respond to the aspirations of the people particularly when COVID 19 has been heaping miseries on the people.
The high court observed that there is provision to appoint administrative officers to panchayats once and that the government's letter to deputy commissioners is in the form of information and not instruction. Therefore, the letter is not in violation of law, the high court said.