Panchayat Raj amendment challenged by poll panel

NT Correspondent

Bengaluru: The State Election Commission has approached the High Court challenging the validity of the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Act, 2021, which has come into force from September 18, 2021.

It states in its plea before the court that if at this stage the State’s new law is allowed to operate, then in that event, the entire process of conducting elections to all the Zilla and Taluk Panchayats in the State get stalled and delayed, by at least a period of more than one year.

The division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum issued a notice to the State Government and adjourned the matter for further hearing.

The SEC in its petition states that clause (3) of Article 243-E of the Constitution stipulates that an election to constitute a Panchayat shall be completed before the expiry of its duration as specified in the clause.

“The constitutional mandate has already been breached but the said breach has occurred only due to the exceptional circumstance of the pandemic Covid-19. Any further delay in the conduct of elections would not only commit further violation of the constitutional mandate but would also violate the directions and law laid down by the Supreme Court in the case of Kishansing Tomar Vs Municipal Corporation of the City of Ahmedabad.” It further submits that the new law has also nullified the exercises of delimitation of seats and fixing of reservations already carried out and completed by the SEC.