Karnataka High Court directs the State Election Commission to hold elections of Grama Panchayats. Schedule of the elections to be announced within three weeks. 13:11:2020

K.C. Kondaiah and others vs The State of Karnataka and others. Writ Petition 7987/2020 decided on 13:11:2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348185/1/WP7987-20-13-11-2020.pdf

ORDER 1. We hold that in view of the Constitutional mandate of clause (3) of Article 243E, it is the mandatory duty of  the SEC to complete elections of a Grama Panchayat before its term is over;

2. It is only in very exceptional circumstances that the SEC can conduct elections after expiry of the term of Panchayat. Whether such exceptional circumstances exist or not is a matter within the exclusive domain of the SEC. The State Government plays no role in deciding whether  such exceptional circumstances are  in existence. For deciding whether such circumstances are in existence, it is always open for the SEC to  consult the Government on factual aspects;

3. We, therefore, direct the State Election Commission to finalize the schedule of elections of  Grama  Panchayats. The SEC shall announce the schedule of the Panchayat Elections within three weeks from today;

4. Needless to add that the State Government is under an obligation to provide necessary funds to the SEC for holding of Grama Panchayat elections;

5.The writ petition is partly allowed on the above terms.

Compiled by S. Basavaraj, Advocate, Daksha Legal.