Plea Filed In Supreme Court For Proper Implementation Of Panchayati Raj Institutions In All States; Exclusion Of Political Parties In Elections

The petition has been filed by Advocate Rudra Vikram Singh, also the General Secretary of the All India Panchayat Parishad, an organisation founded by Balwant Rai Mehta, founder of Panchayati Raj System.

Singh has raised two primary grievances in his plea:

1. Failure of Governments to devolve adequate powers, responsibilities and finance upon these local bodies so as to enable them to prepare plans and implement schemes for economic development and social justice.

The plea states,

"There were 29 subjects which were to be transferred by the state Government to the Panchayati Raj Institution and 18 subjects were to be transferred to Municipalities by the State, but surprisingly after 28 years of the constitutional amendment no state could achieve this."

The Petitioner has therefore sought a direction to all the Respondent-State Governments to submit a plan and time period for implementing all provisions of 73rd and 74th Constitutional Amendment.

He has also urged the Court to direct all the States to formulate the Power transfer to Panchayati Raj Institution, as per the subjects mentioned in Schedule IX of the Constitution of India.

2. Involvement of Political parties in local-self-governments.

The Petitioner has pointed out that in the year 1957, the Balwant Rai Mehta committee recommended the establishment of the scheme of 'democratic decentralisation' which finally came to be known as Panchayati Raj.

In 1985, a report submitted by the LM Singhvi Committee opined that in order to make the panchayats effective, such institutions should be declared as 'units of local governments' and there should be a constitutional mandate upon the state government to ensure that the panchayat function as such.

"To avoid hatred between the members of Panchayat and to keep the Panchayat driven by the members of the Panchayat only political parties were kept away from the Panchayat Elections. That probably this was the reason why makers of the 73rd and 74th amendment have never mentioned anywhere about the involvement of the Political Parties in Panchayat Elections.

…But now the Political Parties are fielding candidates in the Panchayat claiming them as "Supported by"…Political Leaders are campaigning for their candidates through Social Media Platform with other modes in Panchayat Elections, and Media is showing the Panchayat results as win by any Particular Party," the plea states.

The Petitioner apprehends that if Political Parties are allowed to enter the Panchayat Election, the dream of Local Government of the Makers of the Panchayati Raj Systems will be in vain.

He has therefore urged the Top Court to direct all states and Political Parties to refrain from entering into Panchayat Election and not to campaign in the capacity of Party Worker, and not to propagate any candidate as supported by their respective Political Party fighting election for Panchayat.

The plea states that the population of India is approximately 135 crores and it is very difficult for any government to serve the last people. Thus, it is essential to form a Committee to study the achievements/drawback so far after implementation of Panchayati Raj Institution in all states.

Petition is filed through Advocate Ashwani Kumar Dubey.

Click Here To Download Petition

Read Petition