Hyderabad: The Telangana High Court has reserved its verdict regarding the conduct of local body elections, following repeated delays and mounting criticism from former village sarpanches and petitioners.
The controversy centres around the lack of timely elections after the expiry of the previous panchayat terms and the ongoing process of finalising reservations for various social categories, particularly Backward Classes (BCs).
Background and legal dispute
The tenure of Telangana’s panchayats ended on January 31, 2024. According to the Constitution and the Panchayat Raj Act, elections must be held before the expiry of the term, or at the very least, within six months thereafter.
However, nearly 18 months have passed without fresh elections, prompting former sarpanches from Nalgonda district and others to file petitions in the High Court, seeking immediate polls.
During the latest hearing before Justice T Madhavi Devi, senior advocate J. Prabhakar, representing the petitioners, argued that both the state government and the State Election Commission (SEC) have shown little initiative in conducting the elections.
He pointed out that each entity is blaming the other for the delay, while the law clearly mandates timely elections. The Supreme Court, he noted, has previously ruled that if the government fails to act, the SEC should approach the High Court to ensure elections are held.
Government and SEC responses
Representing the state government, Additional Advocate General Imran Khan admitted to the delay but cited strong reasons for it. He explained that the government is following the Supreme Court’s “triple test” procedure for determining BC reservations, which has taken considerable time.
A dedicated BC Commission was established to scientifically enumerate BC populations, and now only the formal announcement of reservations remains. The government has requested 30 more days to finalise and announce these reservations, promising not to seek further extensions.
Senior advocate G Vidyasagar, representing the SEC, stated that the commission is prepared to complete the election process within 60 days after the government announces the reservations and grants its concurrence.
High Court observations
The bench observed that it has been nearly one and a half years since the expiry of the panchayat terms, questioning what constitutes a “reasonable time” for holding elections.
The court reminded all parties that the Constitution requires elections to be held before the end of a local body’s term. The verdict has been reserved after hearing all arguments.
Petitioners’ concerns
Petitioners, including former sarpanches from several villages in Nalgonda district, have argued that the continued delay is a violation of both constitutional and statutory provisions.
They criticised the appointment of special officers to oversee panchayats in the absence of elected representatives, calling it undemocratic and a breach of Articles 243E and 243K of the Constitution as well as the Telangana Panchayat Raj Act, 2018.
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