Uncertainty over TP, ZP polls

 
The High Court has already issued a stay on the reservation order after having received several petitions that the reservation has not happened according to the rule, the rooster has been violated and the the reservations have been done with political point of view.

Elections were scheduled to be held in Kundapur, Udupi and Karkala, the three Taluk Panchayats of Udupi district on May 23, 25 and 27 respectively.

A member of Udupi Taluk Panchayat has moved to the court complaining that reservation has not been done according to the rooster and hence the court has postponed the elections for the time being.

Karkala and Kundapura Presidents and Vice-Presidents completed their tenure on Monday and on Wednesday Udupi Taluk Panchayat and Zilla Panchayat office bearers will complete their tenure.

With the stay of the court in place, the government cannot go ahead with its procedure to appoint new person to fill the vacant posts. In such a case, it is a million dollar question as to who will perform the duties.

According to the Panchayat Raj Act, administration cannot take over the charge during the tenure of the elected representative. If the post of the President becomes vacant during the tenure for some reason, then the Vice-President has to take charge as the President. If both, the post of President as well as the Vice-President becomes vacant, then according to the TP Act section 140(6) provides that Social Justice Standing Committee President must take over the responsibility. It is the same for ZP too.

Here in this case since the tenure of President of Standing Committee for Social Justice too will end within 20 days, the question of who will perform the duties still persists to be a question.

If the Government does not take action to either continue with the same elected representative till the court order is out or to hand over the Panchayat bodies to the administration by means of special circular, then there are possibilities of the system going out of control.