The Supreme Court on Thursday directed the Manipur High Court to determine whether elected gram panchayat members in Manipur whose official five-year terms have expired can continue to hold their positions in the absence of elections, due to the appointment of an administrative committee or an administrator. The bench, comprising Justices Surya Kant and N Kotiswar Singh, emphasized the importance of resolving this legal question and has set a three-month deadline for the high court to adjudicate on the matter.
The legal inquiry centers around the interpretation of Section 22 of the Manipur Panchayati Raj Act of 1994, particularly in light of amendments that changed the wording from “cease” to “continue” concerning the tenure of gram panchayat members. The Manipur government’s inability to conduct panchayat elections, attributed to unprecedented violence in the state, has led to this administrative and legal conundrum.
During the proceedings, the state’s counsel highlighted the challenges faced in holding timely elections, prompting the Supreme Court to seek a thorough examination of the issue by the high court. “Since we would like to have the advantage of the opinion of the high court, we dispose of the special leave petition without expressing any opinion on merits,” the bench stated.
The Supreme Court requested that the Chief Justice of the Manipur High Court ensure the case is heard by a division bench promptly and resolved expeditiously within the stipulated timeframe. The matter was brought to the Supreme Court following a challenge to an interim order by the high court, which had allowed the state government to appoint administrative committees to manage the panchayats until new elections could be held.
