Jabalpur (Madhya Pradesh): High Court principal bench at Jabalpur turned down a plea on Thursday for urgent hearing on petitions against panchayat polls driving the petitioners to move the Supreme Court the same day. The latter has fixed January 6 as the date of hearing, as per advocates.
The petitions were heard at the high court on Thursday as per a directive from the Supreme Court issued on Wednesday, which asked the petitioners to settle the issue at the high court level. The day of hearing was fixed on Thursday.
After refusal by High Court, Jabalpur, on Thursday to do an urgent hearing on the petitions and fixing the next date of hearing on January 3 the petitioners moved the Supreme Court. However, the latter maintained that whatever process regarding panchayat polls is carried out, will be according to its instructions and fixed the next date of hearing on January 6.
Petitioners moved immediately to Supreme Court same day challenging HC’s refusal on urgent hearing. Earlier, High Court principal bench, same day on Thursday, has refused urgent hearing on regarding the Panchayat elections fixing next hearing on January 3, advocate added. There is no restriction on any other process including nomination. The hearing was held in a double bench headed by Chief Justice Ravi Malimath in High Court.
Advocate Himanshu Mishra, one of advocate who appeared with Advocate Vivek Tankha in High Court, said, “after refusal by High Court for urgent hearing, Supreme Court same day on Thursday has maintained that whatever process is being carried on for panchyat poll, will be according to its instruction. SC has fixed next hearing on January 6. HC has fixed hearing in the matter has been fixed after winter vacation on January 3. Previously, the matter was heard in the Supreme Court on December 15. The Supreme Court had asked the Jabalpur High Court to hear again. And now HC has refused for urgent hearing and fixed January 3 as next hearing.”
Kamal Nath government had issued ordinance in 2019 regarding reservation of panchayat poll. Earlier, a division bench of MP high court had refused to stay the process for election of three-tier panchayati raj institutions in the state.
Among the five petitions relating to panchayat elections which were put up for hearing. The petition said that the state government has replaced the rules framed during the Congress rule by a different set of rules enacted through an ordinance. The ordinance promulgated by the state government in this regard is in violation to the Panchayat Act.
The petitions contended that there is a rotation system of reservation in the Panchayat Act and following the reservation pattern of the year 2014 was against the rotation policy. Reservation on the post of Zila Panchayat president, Janpad panchayat president and vice presidents should also be decided following the rotation policy. Besides, Niwari district was created in the year 2018 and without delimitation, elections can't be held in a newly carved district.
