Imphal: The High Court of Manipur has ruled to conduct fresh elections of Panchayat bodies with six months, stating that Panchayat bodies in the state cannot continue beyond their constitutionally mandated five-year term.
A Division Bench of Chief Justice Kempaiah Somashekar and Justice A. Guneshwar Sharma on Friday set aside a Single Judge’s April 18, 2023 order which had allowed the 2017-elected Panchayat members, whose terms expired in October 2022, to remain in office until new elections were held.
The Bench held the extension “unconstitutional,” citing Article 243E of the Constitution and Section 20 of the Manipur Panchayati Raj Act, 1994. The ruling came on a batch of writ appeals (W.A. No. 9/2024, 10/2024, and 11/2024) filed by the state government against the earlier order.
The dispute began when the Cabinet, faced with election delays, decided on January 2, 2023 to appoint Administrative Committees for Gram Panchayats.
Deputy commissioners of six valley districts Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam were asked to act as administrators. Outgoing Panchayat members challenged this decision, seeking to remain in office, and initially secured relief from the Single Judge.
The Division Bench held that Panchayat tenure “cannot exceed five years under any circumstances.”
It ruled that Section 22 of the Manipur Panchayati Raj Act, 1994, though both transitional and permanent in nature, permits Administrative Committees when elections are delayed, but their functioning cannot extend beyond six months.
The court noted that the 1996 amendment to Section 22(3) which changed the wording from “cease” to “continue” did not allow outgoing members to prolong their tenure. Rather, it was intended to ensure administrative continuity until fresh Committees were formed. Importantly, the Bench clarified that Administrative Committees may include any voters of a Gram Panchayat, not just outgoing representatives.
Striking down all government orders and interim directions that extended terms beyond six months, the High Court directed the state government to conduct the 6th Panchayat elections within half a year. ‘In the interim, temporary Administrators or Committees may be appointed, but only for six months as prescribed under the Act’.
