In recent developments, the Bombay High Court passed an interim order stating that a government servant of local authority should be appointed as an administrator of gram panchayats across Maharashtra. This directive particularly concerns around 15,000 panchayats where the terms of officers including sarpanch, secretary of panchayats, and gram sevaks have either ended or about to end.
Contextualizing the Decision: Emergence from Petitions against Government Resolutions
This decision originated from petitions filed against a couple of Government Resolutions (GR) issued by the State Rural Development Department and Maharashtra Village Panchayat (Amendment) Ordinance, 2020. These resolutions directed the appointment of administrators to all gram panchayats by zilla parishad chief executive officers (CEO) in consultation with respective district ministers.
These resolutions and the ordinance were challenged on several grounds, primarily those concerning the appointment of private individuals as administrators to gram panchayats. The challenges also took issue with section 151 of the Maharashtra Village Panchayats Act, which allows appointment of administrators if the State Election Commission (SEC) could not hold elections due to natural calamities, financial emergencies, administrative emergencies, or pandemics.
The High Court’s Response: Addressing Issues with Private Appointments
The Bombay High Court argued that administrators need to be government servants or officers from the local authority. In cases where such officers aren’t available and a private individual needs to be appointed, it was ruled that each such appointment should come with recorded reasons for the same. The court further held that the criteria for administrators to be “resident of the village and on the voters’ list” is directory rather than mandatory. The court emphasized that local authority officers should be the first choice for appointment as an administrator.
The Implications on Local Governance
While acknowledging that gram panchayat operations would be affected if administrators aren’t appointed timely, the court emphasized addressing concerns about private individual appointments. The court stated these appointments are not warranted in law and such mass appointments can adversely impact local governance, affecting the efficiency, impartiality, and effectiveness of operations.
State Government’s Perspective: Need for Administrators amidst Pandemic
The state government backed its argument highlighting the urgent need for administrators to operate panchayats as the pandemic has interrupted the election process. It was also stated by the government that given the large number of gram panchayats in Maharashtra, government servants already find themselves overburdened, making it challenging to appoint them as administrators.
An Overview of Gram Panchayat: A Vital Cog of Panchayati Raj System
Gram panchayats form a crucial part of the Panchayati Raj System, which has been granted constitutional status by the 73rd Amendment Act. This system, encompassing 2.5 lakh gram panchayats in India, facilitates cooperation among people, democratic participation, and decentralization. These gram panchayats have been entrusted with providing basic services in villages and planning for local economic development and good governance.
Gram Sabha: An Essential Element in Village Democracy
A Gram Sabha comprises all individuals enlisted in the electoral rolls for the Panchayat at the village level. This term is constitutionally defined under Article 243(b) of the Indian Constitution. All eligible voters of the village can participate in the Gram Sabha. Furthermore, decisions taken by the Gram Sabha cannot be annulled by any other body except itself.