# Vinod Upadhyay v. State of U.P. & Ors

- **Citation:** (2021) 3 ILRA 658
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-02-04
- **Case number:** Writ-C No. 23377 of 2020
- **Bench:** Munishwar Nath Bhandari, Rohit Ranjan Agarwal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vinod-upadhyay-v-state-of-u-p-ors-46945
- **Pages:** 3

## Headnote

Panchayat Elections - Constitution of
India - Article 243-E - Election delayed
- Due to Covid 19 - extension given by
High Court

In view of Article 243-E of Constitution,
entire program of the Zila Panchayat
election ought to have be completed before
expiry of five years i.e. date 13.01.2016 -
However, in view of situation due to COVID19 Pandemic election of Panchayat delayed
- High Court directed State Government as
well as State Election Commission to
complete all process to hold direct election
of all the Panchayats by 30.04.2021 -
Indirect election to be completed thereafter
within fifteen days i.e. by 15.05.2021 (Para
11)

Disposed Off

## Text

658 INDIAN LAW REPORTS ALLAHABAD SERIES
(2021)03ILR A658
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.02.2021

BEFORE

THE HON'BLE MUNISHWAR NATH
BHANDARI, J.
THE HON'BLE ROHIT RANJAN AGARWAL, J.

Writ-C No. 23377 of 2020

Vinod Upadhyay ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Pankaj Kumar Shukla, Sri Shashi Nandan

Counsel for the Respondents:
C.S.C., Sri Ajit Singh, Sri Sudhanshu Srivastava,
Sri Tarun Agrawal, Sri Ravi Kant

Panchayat Elections - Constitution of
India - Article 243-E - Election delayed
- Due to Covid 19 - extension given by
High Court

In view of Article 243-E of Constitution,
entire program of the Zila Panchayat
election ought to have be completed before
expiry of five years i.e. date 13.01.2016 -
However, in view of situation due to COVID19 Pandemic election of Panchayat delayed
- High Court directed State Government as
well as State Election Commission to
complete all process to hold direct election
of all the Panchayats by 30.04.2021 -
Indirect election to be completed thereafter
within fifteen days i.e. by 15.05.2021 (Para
11)

Disposed Off

(Delivered by Hon'ble Munishwar Nath
Bhandari, J. & Hon'ble Rohit Ranjan
Agarwal, J.)

1. Heard Sri Shashi Nandan, Senior
Advocate assisted by Sri Pankaj Kumar
Shukla for the petitioner. Sri Raghvendra
Singh, learned Advocate General assisted
by Sri Ajit Kumar Singh, Additional
Advocate General, Sri Manish Goyal,
Additional Advocate General and Sri
Sudhanshu Srivastava, Additional Chief
Standing Counsel have put in appearance
for the State of U.P. Sri Ravi Kant, Senior
Advocate assisted by Sri Tarun Agrawal is
present for the State Election Commission.

2. This writ petition has been filed for
the following prayers-:

"(i) issue a writ, order or direction in
the nature of mandamus for commanding
the respondents to issue notifications for
holding the election, indicating therein the
entire program of the election positively
before expiry of five years of Zila
Panchayat
i.e.
date
13.01.2016
in
accordance with the provisions of Article
243-E of Constitution of India.

(ii) issue a writ, order or direction in
the nature of mandamus commanding the
respondents subject to the fresh election of
Zila
Panchayat
not
to
interfere
in
peacefully functioning by elected body of
Zila Panchayat.

(iii) issue any other writ, order or
direction which this Hon'ble Court deems
fit and proper in the circumstances."

3. Counsel for the petitioner submits
that election of Zila Panchayat was to be
initiated and completed on or before expiry
of the term of the Panchayat. The
respondents have failed to undertake the
process of election to be completed before
the expiry of the term of the Panchayats
and thereby administrators have been
appointed going against the mandate of the
Constitution. A reference of Article 243 (E)
of the Constitution of India for it is being
quoted herein-:
3 All. Vinod Upadhyay Vs. State of U.P. & Ors.
659

243E. Duration of Panchayats, etc.

(1) Every Panchayat, unless sooner
dissolved under any law for the time being
in force, shall continue for five years from
the date appointed for its first meeting and
no longer;

(2) No amendment of any law for the
time being in force shall have the effect of
causing dissolution of a Panchayat at any
level, which is functioning immediately
before such amendment, till the expiration
of its duration specified in clause ( 1 );

(3) An election to constitute a
Panchayat shall be completed;

(a) before the expiry of its duration
specified in clause ( 1 );

(b) before the expiration of a period of
six months from the date of its dissolution:

Provided that where the remainder of
the
period
for
which
the
dissolved
Panchayat would have continued is less
than six months, it shall not be necessary to
hold any election under this clause for
constituting the Panchayat;

(4) A Panchayat constituted upon the
dissolution of a Panchayat before the
expiration of its duration shall continue
only for the remainder of the period for
which the dissolved Panchayat would have
continued under clause ( 1 ) had it not been
so dissolved.

4. As per the mandate of the
Constitution,
respondents
were
under
obligation to hold the elections within the
framework given therein and thereby
elections should have been conducted on or
before expiry of the term of Panchayats.

5. In view of the aforesaid, we call
upon the State Government so as the State
Election Commission to find out as to why
the elections were not conducted as per the
mandate of the Constitution. It is submitted
that due to extraordinary situation obtaining
in the year 2020 due to COVID-19, the
process has been delayed. In the process of
election, the electoral roll has to be
prepared after conducting door to door
survey and thereupon constituencies to be
finalized on account of delimitation. It is
due to urbanization of the areas whereby
the constituency of the Panchayat has been
reduced. The process of delimitation also
took time and thus delay occurred.

6.

Learned
Senior
Advocate
appearing for the Election Commission
submits that even after deploying 79,720
Booth Level Officers (B.L.O.), the process
to finalize the electoral could be completed
by 22nd January, 2021. The survey was
conducted for more than one crore families.
The process of delimitation and finalization
thereupon also took time but it was
finalized on 28.01.2021. The election needs
at least forty to forty five days. It could not
be initiated in absence of exercise by the
State Government for reservation of the
constituency. The moment reservation of
the constituencies is made by the State
Government with its notification. The
election would immediately be conducted
and completed within forty to forty five
days. The delay in initiation of work for
preparation of electoral was due to
pandemic COVID-19.

7.

Learned
Advocate
General
appearing with the learned Additional
Advocate Generals submits that the process
for reservation of the constituencies has to
be undertaken in reference to Section 11
(A) of U.P. Panchayat Raj Act, 1947 read
with
Uttar
Pradesh
Panchayat
Raj
(Reservation and Allotment of Seats and
Offices) Rules, 1994. The exercise for
reservation also requires compliance of
U.P.
Panchayat
(Determination
and
Publication
of
Number
of
Persons
660 INDIAN LAW REPORTS ALLAHABAD SERIES
Belonging to Backward Classes) Rules,
1994, as amended in the year 2015. The
exercise under the Rules of 1994 (as
amended) is required due to reduction of
number of Panchayats. In the election of
2016, 59074 Gram Pradhans were elected
whereas now the number has been reduced
to 58194. The number of Gram Pradhans
has come down by 880 on account of
delimitation and thereby the exercise of
reservation of constituencies is going to
take time. Door to door survey of backward
class has to be made.

8. However, the State Government
will make its best effort and on the
instructions, it is stated that the process of
reservation of the constituencies would be
completed by 17th March, 2021 with an
information
to
the
State
Election
Commission.

9.

Learned
Senior
Advocate
appearing for State Election Commission
submits that if the reservation of the
constituencies would be completed by 17th
March, 2021, the direct election of all the
offices would be completed by 30th April,
2021.

10. We find that whatever schedule
has been given by the State Government as
well as by the State Election Commission is
appropriate in the situation obtaining out to
COVID-19 Pandemic. In fact, election of
Panchayat and Municipalities have been
delayed in many States and for that even
extension was given by different High
Courts and the Apex Court. The reference
of it would be for the State of Andhra
Pradesh as well as of Rajasthan.

11.

Taking
aforesaid
into
consideration, writ petition is disposed of
with the direction to the State Government
so as the State Election Commission to
complete all the required process to hold
the direct election of all the Panchayats by
30th April, 2021. Indirect election would
be completed thereafter within fifteen days
i.e. by 15th May, 2021. The schedule given
by the learned Advocate General for the
State and the State Election Commission
would be complied and thereby reservation
of constituencies would be made latest by
17th March, 2021 and thereupon direct
election of Panchayats by 30th April, 2021.
The indirect elections would be completed
by 15th May, 2021.

12. It is made clear that no extension
for holding election and any exercise for it
would be given because sufficient time has
been given not only for the reservation of
the constituencies but even holding direct
and indirect elections of all the offices of
Panchayat.

13. In result of the above, the writ
petition is disposed of.
----------
(2021)03ILR A660
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 29.01.2021

BEFORE

THE HON'BLE MUNISHWAR NATH
BHANDARI, J.
THE HON'BLE ROHIT RANJAN AGARWAL, J.

Writ-C No. 24602 of 2020

M/S Newtech Promoters & Developers
Pvt. Ltd. Delhi ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Pratik Chandra

Counsel for the Respondents: