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Allahabad High Court Questions Uttar Pradesh Move to Keep Outgoing Gram Pradhans as Administrators

The bench has summoned state officials to explain a May 25 order that may extend panchayat tenure or intrude on the State Election Commission's constitutional role.

Overview

  • The court, which heard the petition on July 9–10, has framed specific constitutional questions about Section 12(3-A) of the U.P. Panchayat Raj Act and asked the Additional Chief Secretary to explain the state’s May 25 administrative order by video link.
  • The May 25 order appointed outgoing gram pradhans as 'administrators' after five-year terms, a step the state says is needed because fresh panchayat polls are deferred until a dedicated OBC commission submits its reservation report.
  • The bench noted the 2000 Prem Lal Patel division-bench ruling that struck down a similar provision as inconsistent with Articles 243E (fixed five-year tenure) and 243K (State Election Commission power) and asked why the state acted despite that precedent.
  • No final ruling has been issued and the case is being listed with other similar petitions for fuller review, with the court asking the government to file detailed replies and documents about the OBC commission and the basis for the appointments.
  • A ruling against the state could force fresh local elections, reassert the State Election Commission's exclusive role in scheduling polls, and affect how reservation reports delay electoral timelines, which would change who governs village councils locally.