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N E W S I N ..D E T A I L |
Friday, December 24, 1999 |
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Panchayat poll: verdict on Dec 27 CHANDIGARH, Dec 23 We shall pronounce the judgement (on the conduct of panchayat elections) on December 27 at 10 a.m., when the Punjab and Haryana High Court will be closed for the winter recess. This is what Mr Justice H.S. Bedi and Mr Justice A.S. Garg told a packed court room this afternoon after hearing detailed arguments on a review petition preferred by Mr Randeep Singh Surjewala, a whip and spokesman of the Haryana Congress Legislature Party. In his petition Mr Surjewala had urged the high court to recall its order of September 30, permitting the state government to defer panchayat, municipal committees and zila parishad elections till June, 2000, and direct the State Election Commission to conduct the elections before the expiry of the tenures of existing bodies. When the case was taken up at 2 p.m., Mrs Asha Sharma, Financial Commissioner and Secretary to the Haryana Government, Development and Panchayat department, filed an affidavit before the Bench, suggesting that the government should hold panchayat and other local bodies elections between March 25 and April 10, 2000. In her affidavit Mrs Sharma explained that the state poll panel was getting the voters list of 92 gram panchayats prepared with January 1, 2000, as the qualifying date. Earlier the state poll panel had got the remaining voters list of panchayati raj institutions prepared with January 1, 1999, as the qualifying date. This, on the face of it, had created on anomalous situation. Initiating arguments, Mr Surjewala told the Bench that it was the duty of the government to get elections to panchayats, municipal committees and zila parishads conducted prior to the expiry of the term of the existing bodies. Their term would expire on January 15, 2000. During the course of arguments, Mr Surjewala referred to Article 243-E and 243-U of the Constitution. While the former Article lays down that every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. The second Article postulate: The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a state Election Commissioner to be appointed by the Governor. Mr Surjewala asserted
that the State Election Commissioner, or for that matter
the state government, had no option but to conduct the
elections of these panchayati raj institutions before the
expiry of their tenures. He contended that the state
government was obliged to provide wherewithal to the
Election Commission for the conduct of the election. The
state government had no right to find fault with the
schedule determined by the State Election Commission for
holding elections. |
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