SEC tells government to gear up for Gram Panchayat elections next year

State Election Commissioner (SEC) Nilam Sawhney wrote a letter to the Principal Secretary (Panchayat Raj & Rural Development) requesting the department to undertake activities like proposed mergers of Gram Panchayats (GPs) with the neighbouring Urban Local Bodies (ULBs), upgrading of GPs into Municipalities/Nagar Panchayats, delimitation, and reservations and complete them by the end of December to facilitate the conduct of elections before the scheduled expiry of the term of GPs on April 2, 2026.

Ms. Sawhney stated that the 1st ordinary elections for GPs were held in 2021, and their five-year term commenced on April 3, 2021, as notified by the Commissioner of PR & RD.

Article 243E (3)(a) of the Constitution of India stipulates that elections to GPs should be completed before the expiry of their five-year term, and within three months before the occurrence of vacancies, as per Section 13 (2) of the AP Panchayat Raj Act of 1994. 

The Commission can issue the election notification only after finalisation of reservations by the government and completion of other pre-election activities.

The SEC said it was pertinent to mention here that the Supreme Court of India had, in its landmark judgment dated October 19, 2006, in Kishan Singh Tomar v Municipal Corporation of Ahmedabad, made clear that elections to local bodies must be completed before the expiry of their term as mandated under Article 243E(3)(a) of the Constitution and that the State governments have to render all necessary cooperation to the State Election Commissions for the timely completion of the elections.

Further, as per the apex court orders, reservations to the Backward Classes (BC) have to be notified by duly following the triple test formality based on the report of the dedicated commission constituted by the Government of AP through G.O.Ms No.2 of the BC Welfare Department dated Jan 30, 2023.

Ordinary elections to about 331 GPs could not be conducted in 2021 due to legal and administrative impediments and it is an appropriate time to expedite the process for filing vacation petitions wherever necessary and to synchronise their elections with the ordinary elections to be held in 2026.