Panchayat polls likely before or after the Rongali Bihu festival, indicates CM Sarma
Guwahati, Jan 12: The Gauhati High Court on Sunday allowed the Assam State Election Commission (ASEC) to proceed with panchayat elections across the state, excluding nine councils in Sribhumi district of Barak Valley due to ongoing legal challenges.
Nine writ petitions were filed challenging the delimitation process under the Assam Panchayat Act, of 1994. Petitioners argued the final delimitation notice issued by the Additional Chief Secretary of the Panchayat and Rural Development Department violated procedural norms.
In response, the court issued an interim order on December 17, 2024, restraining the ASEC from notifying elections. However, Assam Advocate General Debajit Saikia and ASEC’s counsel filed an interlocutory petition arguing the restriction should apply only to the councils involved in the petitions.
Justice Soumitra Saikia ruled that while the petitioners cited potential violations of fundamental rights, they failed to present specific instances of infringement. Citing established legal precedents, the court emphasized that electoral rights are statutory rather than fundamental and must align with statutory limitations.
“In the absence of specific pleadings and factual details from the petitioners, the extension of interim relief to all panchayats statewide is not warranted,” the court noted, permitting elections elsewhere to proceed as planned.
The court clarified that its December 17 order remains confined to the nine petitioners’ councils. It affirmed the state’s right to publish election notifications for other councils, emphasizing that unresolved legal questions would be addressed later when all necessary facts and pleadings are before the court.
Despite the legal clearance, Chief Minister Himanta Biswa Sarma indicated practical constraints due to the upcoming February High School Leaving Certificate (HSLC) and Higher Secondary (HS) exams.
“Polling stations in schools will be unavailable during exams. Hence, panchayat polls will be held before or after the Rongali Bihu festival,” Sarma informed the media.
