Mumbai: Despite growing protests from rival political parties against its move to facilitate direct election of sarpanches, the BJP-led State government will issue an ordinance for amending the Maharashtra Gram Panchayat Act, 1958. The proposal to issue the ordinance was forwarded to the Governor for approval by State government on Saturday, citing ‘urgency’ in view of the elections to 7,000 gram sabhas. The ordinance is likely to be issued by Monday, officials said.
On July 3, the State cabinet cleared a proposal to amend the Maharashtra Gram Panchayat Act, 1958 to pave way for direct elections of sarpanches to village gram sabhas. The decision came under immediate attack by the Opposition, who alleged it was an attempt by the BJP to wrest ‘extra-constitutional’ power in the the third tier of government.
Senior officials said the ordinance route was taken as the Election Commission of India’s (ECI) model code of conduct may come into force by July 31 for elections in September, The EC will also have to increase the number of electronic voting machines (EVM) to facilitate direct election of sarpanches. Officials said the government cannot wait for an approval from the Legislative Assembly. “We need to factor in many logistical issues, such as changes in ward formations for the new system, for which the EC will need time. This is why we are issuing an ordinance,” they said.
The Congress and NCP claim the change in election norms is a “dangerous precedent” and a setback for development works at the village level. They have demanded an immediate rollback of the changes to the gram panchayat Act, which have been projected as greater decentralisation of administrative authority from the State to the villages.
As many as 20 sections of the Act have been amended to allow direct election of sarpanches by votes cas by villagers, instead of a college of gram sabha members. The amendments, which were to be tabled in the next Assembly session, will also provide constitutional protection to the sarpanch against impeachment. Now, a no-confidence motion cannot be moved against the sarpanch without the approval of two-thirds of the members. It also requires to be passed by a three-fourths majority. Earlier, a motion could be moved if one-third of members supported it.
Once passed, the motion will need a final ratification from the gram sabha. In case it is rejected, it cannot be tabled for two years. The deputy sarpanch will continue to be elected by members of the gram panchayat. “Also, a motion cannot be moved within the first two years and the last six months of the sarpanch’s tenure,” a State Rural Development Department (RDD) official said.
The RDD’s proposal was moved under the 73rd Amendment to the Constitution of India, made in the 1990s. Back then, the 11th schedule of the amendment had empowered State governments to enact laws to give powers and authority to the panchayats to enable them as a local government.
