Rajasthan HC pulls up state govt over delays in conducting local body polls

The court also said that the chairman of dissolved municipalities can’t be allowed to continue as administrator after completion of their tenure of five years

Rajasthan High Court on Saturday pulled up the state government over the delayed local body polls saying that the “State Election Commission (SEC) cannot be allowed to close its eyes and sit like a silent spectator” and the agency should take necessary steps to conduct the elections across the due local bodies immediately.

The court has also observed the delay to conduct this election may disturb the democratic process at the grassroot level. (Official photo)

“In adherence to the importance of demarcation/divisions of the Municipalities, the Government is precluded from indefinitely postponing the election process of Municipalities, as such deferment is contrary to the mandate contained under Article 243U of the Indian Constitution. Both the Government of Rajasthan and the State Election Commission are under a constitutional obligation to conduct timely elections of the Municipalities in consonance with the constitutional mandate. Hence, under such circumstances, the Election Commission cannot be allowed to close its eyes and sit like a silent spectator even after competition of tenure of five years of Municipalities. State Election Commission is supposed to conduct the election process within six months of dissolution of Municipalities,” the court said, a copy of which was seen by HT.

After hearing a petition filed by ten individuals seeking immediate polls across the urban local bodies, the single bench of the court presided over by Justice Anoop Kumar Dhand reserved the order on September 16 which was delivered on Saturday.

The court also said that the chairman of dissolved municipalities can’t be allowed to continue as administrator after completion of their tenure of five years.

“Several Panchayats were merged into Municipalities in the year 2021, the elected Sarpanchs were allowed to continue as Chairman of these municipalities. After completion of their five years tenure, they were removed and charge of Chairman was given to Sub Divisional Officers (SDOs) as Administrators in January 2025 and that has too expired in the month of July, 2025, but still such SDOs are continuing to function as ‘Administrator’ of these Municipalities, which is in clear violation of the constitutional mandate.”

“Article 243-U of the Constitution of India mandates that the process of elections to constitute Municipalities must be completed before its expiration of term or within six months of dissolution. Failure to conduct elections within six months of dissolution of Municipalities constitute a breach of the constitutional mandate. Prolonged postponement of elections can result into governance vacuum at local level, adversely affecting development activities at grassroot level,” read the order copy.

Seeking the intervention of the SEC into the matter due to the delay, it is further added:, “It is incumbent upon the State Election Commission or Election Commission of India to intervene and take necessary measures to restore the democratic process. In the State of Rajasthan, term of several Municipalities was completed in January 2025, and even after expiry of more than six months of dissolution of all Municipalities fresh elections haven’t been conducted. Directions have been issued to the Chief Secretary, State and Election Commission of India to look into the matter and do the needful by taking necessary steps in compliance of the mandate contained under Article 243 U.”

The court has also observed the delay to conduct this election may disturb the democratic process at the grassroot level. “ Democratic governance at the grassroots level is fundamental to ULBs namely Municipalities... Prolonged postponement of the municipal elections can lead to a governance vacuum at the local level, severely affecting the delivery of services and developmental activities at the grassroots level in urban areas.”

Aiming to a simultaneous election in the panchayats and the civic bodies in Rajasthan, the Rajasthan government, in February, issued an order directing to conduct a fresh delimitation survey of all the existing panchayats and wards and appointed administrators to run the official works during the period for a period of six months.

Meanwhile, a cabinet sub-committee was also formed under the supervision of the social justice minister Avinash Gehlot to oversee the process and submit a report to the chief minister Bhajan Lal Sharma to take the final decision on polling. After they submitted their report last month, the urban development minister Jhavar Singh Kharra declared that the polling in all panchayats and wards will be conducted altogether by December 31.

However, Kharra has, on Wednesday, also declared that “the polling across all the panchayats and municipal bodies will be conducted in January as the electoral roll and OBC survey by the commission will take a time till December.”