Gram, area and district panchayats will remain vacant in the state. The tenure of administrators in these has ended. Technical hitch related to Haridwar may come in the way of issuing ordinance from Raj Bhavan regarding amendment in Panchayati Raj Act for their reappointment. There is a provision in Panchayati Raj Act for three-tier panchayat elections in the state that if for some reason elections cannot be held within five years, then the government can appoint administrators in these for six months. Under this arrangement, administrators were appointed for six months in Gram, area and district panchayats in the state except Haridwar, but their tenure has now ended. Despite this, elections could not be held in the panchayats. Due to which now preparations are being made to reappoint administrators in the panchayats. For this, preparations are being made to amend the Panchayati Raj Act. The ordinance sent to the Raj Bhavan for amendment in the Act has been returned by the legislature once before, citing the case related to Haridwar, saying that the same kind of ordinance cannot be sent again to the Raj Bhavan for approval.
Despite this, elections could not be held in the panchayats. Due to which now there is a preparation for re-appointment of administrators in the panchayats. For this, there is a preparation to amend the Panchayati Raj Act. The ordinance sent to the Raj Bhavan for amendment in the Act has been returned by the legislature once before, citing the case related to Haridwar, saying that the same kind of ordinance cannot be sent again to the Raj Bhavan for approval.
If it had been passed by the assembly then it would have become a law
In Haridwar district, administrators were appointed for six months due to non-conduct of elections after the completion of the five-year term of three-tier panchayats in 2021, but even after the six-month term of administrators was over, elections were not held in the district. Then an ordinance was brought to amend the Act so that administrators could be re-appointed in the panchayats. The ordinance was not passed by the assembly because panchayat elections were held in the district some time after it was brought. If it had been passed by the assembly, it would have become a law.
The legislature returned the ordinance for this reason
Experts of the Panchayat Raj Act say that the Constitution Bench of the Supreme Court has given a provision that if an ordinance is returned once, it will not be brought back in the same form again. Doing so would be a fraud with the Constitution. This is the reason why the legislature has returned the ordinance sent to the Raj Bhavan once. Which has been sent to the Raj Bhavan after some amendments.
10760 three-tier panchayats became vacant
Dehradun. In the state, except for 318 gram panchayats of Haridwar, there are 7478 gram panchayats, 2941 area and 341 district panchayats. In which the tenure of administrators in the gram panchayats has ended four days ago. Whereas the tenure of administrators of six months ended on June 2 in area panchayats and June 1 in district panchayats.
