In a significant ruling, the Telangana High Court on Wednesday directed the state government to conduct long-overdue panchayat elections within three months. The order by Justice T Madhavi Devi comes as a rebuke to the state’s inaction, with the court questioning the delay in holding the elections despite the terms of panchayats expiring on 31 January 2024. The court’s directive was based on six petitions by former sarpanches, who pointed out the governance vacuum in villages under special officers’ rule for nearly one and a half years.
Justice Madhavi Devi issued a clear mandate to the State Election Commission (SEC) and the state government to finalise the reorganisation of village wards and proceed with the elections promptly. The court’s decision addressed a critical lapse in local governance, as Telangana’s 12,751 gram panchayats have been functioning without elected representatives since early 2024.
“Why have no elections been held for the panchayats even though their terms ended on January 31, 2024?” the judge asked, expressing dismay at the prolonged delay.
The former sarpanches had sought immediate elections to end the administrative stalemate. Since the panchayat terms expired, villages have been managed by special officers, a temporary arrangement that petitioners argued violated the Panchayat Raj Act and the Constitution of India.
Violation of Constitution
Petitioners’ counsel G Bhaskar Reddy painted a grim picture of governance under special officers. He argued that the state government’s delay in conducting elections was deliberate and unlawful, leaving villages without accountable leadership.
“Continuing the panchayats under special officers’ rule is a violation of the Panchayat Raj Act and the Constitution,” the counsel stated, arguing that appointed officers, burdened with their regular duties, were ill-equipped to address local issues.
The petitioners elaborated on the financial and administrative toll of the delay. Many sarpanches, trusting government assurances of timely elections, had invested personal funds in village development projects, such as road repairs and water supply systems, only to find their bills unpaid.
“Sarpanches used their money for development works, but their reimbursements remain pending,” the court was told.
Moreover, the absence of elected panchayats has disrupted the flow of central government funds, contingent on functioning local bodies. The petitioners demanded either immediate elections or an extension of the sarpanches’ terms to restore normalcy, arguing that the prolonged special officers’ rule was crippling rural governance.
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Additional Advocate General Imran Khan, representing the state government, attributed the delay to the need for finalising reservations for Backward Classes (BCs) in panchayats.
“It is necessary to go to the elections after finalising reservations for the BCs,” Khan stated, requesting 25 days to complete the process. He assured the court that the government was committed to holding elections but needed time to ensure compliance with reservation policies.
Poll panel seeks two months
G Vidyasagar, counsel for the SEC, echoed the government’s view, explaining that the commission could not initiate elections without updated reservation data from the state.
“Once the state finalises the BC reservations and provides the data, the SEC will commence the election process,” Vidyasagar said. He estimated that the commission would require at least two months to prepare for and conduct the polls after receiving the government’s approval.
The last panchayat elections, held in January 2019, saw elected bodies serve a five-year term until 31 January 2024.
Despite the constitutional mandate for timely elections under the 73rd Amendment, the state government failed to initiate the process, citing ward reorganisation and BC reservation finalisation.
The transition to special officers’ rule in February 2024 was a stopgap measure, but it stretched into a prolonged governance crisis. Special officers, typically revenue or panchayat officials with multiple responsibilities, have struggled to address local grievances, leading to complaints of neglect and mismanagement.