Sarpanches to serve as administrators in gram panchayats after term ends, State tells HC
Nagpur: The Nagpur bench of Bombay high court was informed that in gram panchayats whose terms expire between January and December 2026, the sitting sarpanch will function as administrator until elections are conducted or for a maximum of 6 months. Recording the state govt's submission, the bench of Justices Anil Kilor and Raj Wakode disposed of a petition challenging the earlier administrative directive.
The petition was filed by 7 sarpanches, including Arvind Dalvi from Buldhana district. They challenged a January 23 circular that directed district collectors and chief executive officers of zilla parishads to initiate the process of appointing administrators in gram panchayats whose tenure was ending, pending the assumption of office by newly elected members.According to the petitioners, the move undermined the democratic structure of gram panchayats and was contrary to law. They argued that similar orders were issued during the Covid-19 pandemic due to extraordinary circumstances, but no such emergency exists at present. The plea also alleged that the directive reflected an intention to defer gram panchayat elections for 1 year. At an earlier hearing, the court observed that the reasons cited in the govt resolution appeared misleading and granted interim relief by staying its implementation.However, the state clarified its position through an affidavit filed by Vivek Ilme, additional commissioner in the Divisional Commissioner's office. The affidavit stated that after completion of the gram panchayat's tenure, the existing sarpanch would be appointed as administrator. Other elected members would form part of an administrative committee to assist in governance during the interim period. The state further clarified that such appointments would be limited to 6 months or until the election process is completed, whichever is earlier.Taking note of these submissions, the court concluded that the grievance raised in the petition no longer survived and disposed of the matter. Siddhant Ghatte and Swapnil Karanjkar appeared for the petitioners, while Govt Pleader and Senior Advocate Deven Chauhan represented the state.
The petition was filed by 7 sarpanches, including Arvind Dalvi from Buldhana district. They challenged a January 23 circular that directed district collectors and chief executive officers of zilla parishads to initiate the process of appointing administrators in gram panchayats whose tenure was ending, pending the assumption of office by newly elected members.According to the petitioners, the move undermined the democratic structure of gram panchayats and was contrary to law. They argued that similar orders were issued during the Covid-19 pandemic due to extraordinary circumstances, but no such emergency exists at present. The plea also alleged that the directive reflected an intention to defer gram panchayat elections for 1 year. At an earlier hearing, the court observed that the reasons cited in the govt resolution appeared misleading and granted interim relief by staying its implementation.However, the state clarified its position through an affidavit filed by Vivek Ilme, additional commissioner in the Divisional Commissioner's office. The affidavit stated that after completion of the gram panchayat's tenure, the existing sarpanch would be appointed as administrator. Other elected members would form part of an administrative committee to assist in governance during the interim period. The state further clarified that such appointments would be limited to 6 months or until the election process is completed, whichever is earlier.Taking note of these submissions, the court concluded that the grievance raised in the petition no longer survived and disposed of the matter. Siddhant Ghatte and Swapnil Karanjkar appeared for the petitioners, while Govt Pleader and Senior Advocate Deven Chauhan represented the state.
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