State amends law to curb delays in rural polls

The decision was taken in the wake of delay in the municipal council and nagar panchayat polls on account of appeals filed by various candidates

Mumbai: The Maharashtra cabinet on Wednesday gave its nod to an amendment in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, removing the clause that allowed candidates to appeal in district courts against the returning officer’s decision on nominations.

State amends law to curb delays in rural polls

The decision was taken in the wake of delay in the municipal council and nagar panchayat polls on account of appeals filed by various candidates, said government sources. The government has also decided to frame rules to the law on its own and a notification in this regard will be issued soon, the sources said.

Section 14 (2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, which has now been amended, allowed candidates to appeal in district courts against returning officers’ decisions on nominations. Though district courts were required to decide on the appeals within three days, orders were often delayed, leading to the rescheduling of polls.

“Elections to 24 out of 288 municipal councils and nagar panchayats in the state had to be postponed as the court’s ruling on petitions challenging the returning officer’s decision did not come within the stipulated period of three days,” said an official from the state election commission (SEC).

Chief minister Devendra Fadnavis, the ruling Bharatiya Janata Party and opposition parties had voiced discontent when the state election commission had postponed elections to 24 municipal councils and nagar panchayats from December 2 to December 20.

Such delays had occurred in the past as well, delaying the entire election process, the SEC official noted.

“The state government’s decision to amend the act will help remove the lacunae and complete the process of elections to district councils and panchayat samitis in a time-bound manner,” he said.

Following the amendment, decisions of returning officers in district council, panchayat samiti, municipal council and nagar panchayat polls will have to be challenged in the high court. This is on par with laws governing polls to municipal corporations, gram panchayats, and the Parliament.