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by Admin
07 May 2024 2:49 AM
Election Commission to reissue separate notifications for conducting elections to fill casual vacancies for the posts of Samiti Members and Chairmen of Narla and Kukudakhandi Panchayat Samitis. The judgment addressed the improper notification issued earlier by the Commission, which failed to fill the Samiti Member vacancies along with the Chairman positions.
The Court emphasized that the Commission must fill the vacant posts of Samiti Members before holding elections for the Chairman positions. This follows the death of the Chairman of Kukudakhandi Panchayat Samiti and the resignation of the Chairman of Narla Panchayat Samiti, creating vacancies in both Samiti Member and Chairman posts.
The case involved three writ petitions challenging the State Election Commission's notification dated August 12, 2024. The notification was issued to conduct by-elections only for the Chairman posts of Narla and Kukudakhandi Panchayat Samitis, without addressing the Samiti Member vacancies.
The petitioners, including Durga Prasad Mohanty, who is the Acting Chairman of Narla Panchayat Samiti, argued that the notification violated Rule 46 of the Odisha Panchayat Samiti Election Rules, 1991. They contended that the Samiti Member vacancies, caused by the death and resignation of the incumbents, should have been filled first, as the election of the Chairman can only be conducted from among the elected Samiti Members.
The vacancies occurred when the Chairman of Narla Panchayat Samiti resigned after being elected as a Member of the Legislative Assembly, and the Chairman of Kukudakhandi Panchayat Samiti passed away. The petitioners urged the Court to mandate the Commission to conduct both Samiti Member and Chairman elections concurrently.
The primary issue before the Court was whether the State Election Commission's decision to fill only the Chairman vacancies violated the provisions of Rule 46 of the Odisha Panchayat Samiti Election Rules. This rule mandates that in the event of a vacancy due to removal, resignation, or death, the Commission must conduct by-elections to fill both Samiti Member and Chairman posts simultaneously.
The petitioners also argued that without the election of Samiti Members, it would be illegal to elect a Chairman, as the Chairman is chosen from among the Samiti Members.
The Court found that the Commission’s notification was incomplete and did not comply with Rule 46 of the Election Rules. It observed that the death and resignation of the Samiti Members created not only vacancies for those positions but also for the Chairman posts. Hence, both elections needed to be conducted together.
The Court noted that the notification to fill only the Chairman positions was flawed, especially given the statutory requirement that the election of a Chairman must occur from among the elected Samiti Members.
The Orissa High Court set aside the August 12, 2024 notification and directed the State Election Commission to issue fresh notifications. The new notifications must fill the vacancies of both the Samiti Members and the Chairmen. The Court emphasized that Samiti Member elections should be held first, ensuring that the newly elected members could participate in the subsequent Chairman elections.
The Court also acknowledged that the election schedule under the previous notification had lapsed due to the interim orders passed earlier, which restrained the elections. The Commission was directed to issue new schedules for both elections in compliance with Rule 46.
The judgment reinforces the procedural requirements under the Odisha Panchayat Samiti Election Rules, ensuring that elections for leadership roles like the Chairman are conducted in a manner that respects the full composition of the Panchayat Samiti. This ruling not only addresses procedural lapses but also underscores the importance of adhering to statutory election laws for local governance bodies.
Date of Decision: October 8, 2024.
Durga Prasad Mohanty vs. State Election Commission & Others
