E-Paper
Term of panchayat bodies ends, new system kicks in today
PATNA The system in the panchayats of Bihar will change from Wednesday, with advisory committees replacing the existing system as elections could not be held due to disruption caused by the Covid-19 pandemic
PATNA
The system in the panchayats of Bihar will change from Wednesday, with advisory committees replacing the existing system as elections could not be held due to disruption caused by the Covid-19 pandemic.
On June 1, Bihar cabinet had approved an ordinance to amend certain sections of the Bihar Panchayati Raj Act, 2006, to empower the state government to constitute advisory committees to run three-tier rural local bodies beyond the expiry of their five-year term until fresh elections. The term of all elected functionaries of panchayat raj institutions (PRIs), like gram panchayat, zila parishad and gram kutcheries, ends Tuesday.
Though the Opposition demanded continuing of the term of PRIs and a petition was also filed in the Patna High Court, the government came out with an alternative mechanism through an ordinance as there was no provision in the Act for extending the term. The court had sought responses from the Election Commission of India, State Election Commission, union law ministry and the state government, but did not grant any stay. The petitioners also did not press for any stay. The matter is again listed for hearing on July 15.
Former additional solicitor general SD Sanjay said there would have been a vacuum in Bihar’s panchayat system after June 15, had the alternative mechanism not been formed. “ Article 243-E of the Constitution of India mandates that the maximum duration of a Panchayat is five years from the date appointed, and no longer. It is similar to the Article 172 of the Constitution which fixes the term of the State Legislature for five years and its term also cannot be extended,” he said.
Sanjay said the State Legislature has powers under Article 243C of the Constitution to make provisions with respect to the composition of Panchayat. “The Bihar Panchayat Act, until now, has been silent on the aspect of contingencies and situations when elections could not be held before the expiry of its term of five years. As a result, the state government was under obligation to intervene and remedy the situation. As the Legislative Assembly is not in session, the Bihar Panchayat Raj (Amendment) Ordinance, 2021, was promulgated to enable a stop-gap arrangement. It will be operational from Wednesday,” he said.
The state government has constituted an advisory committee in all the panchayats and appointed the erstwhile mukhiya of the Gram Panchayat as the chairman, Up-Mukhiya as vice-chairman, members as member and secretary as secretary of the committee. It has been mandated that all the powers exercisable under the Bihar Panchayat Raj Act will be exercised by the aforesaid office bearers of the advisory committee, which will act like a caretaker government.
