Administrative Committees Not a Substitute for Elections; Local Self-Governance Must Be Through Elected Representatives, Says Manipur High Court

The Manipur High Court on Friday set aside the State Government’s order extending the tenure of Panchayat bodies by constituting Administrative Committees, declaring it as unconstitutional and contrary to the democratic mandate.

Delivering a common judgment in three writ appeals (WA No. 9, 10 and 11 of 2024), a Division Bench comprising Chief Justice Kempaiah Somashekar and Justice A. Guneshwar Sharma held that the five-year tenure of Panchayats, guaranteed under Article 243E of the Constitution and Section 20 of the Manipur Panchayati Raj Act, 1994, cannot be extended under any circumstance.

The Court clarified that Section 22 of the Manipur Panchayati Raj Act, 1994, which was relied upon by the State, is merely a transitional provision meant for situations immediately after the first establishment of Panchayats. It cannot be invoked repeatedly to avoid elections or prolong the life of elected bodies.

The Bench also ruled that Administrative Committees or Administrators, when appointed, can only function as a stop-gap arrangement for a maximum of six months, and cannot replace elected representatives indefinitely. It rejected the contention that outgoing elected members could continue in office until fresh elections, stressing that once the five-year term ends, members become functus officio (without authority).

Further, the Court observed that Section 109 of the Act, empowering the State to remove difficulties, cannot override constitutional provisions. It cannot be used as a backdoor to delay elections or extend the tenure of Panchayat bodies beyond the mandated term.

Calling for restoration of democratic governance at the grassroots, the Court directed the Manipur State Election Commission to conduct the long-delayed 6th General Panchayat Elections at the earliest in consultation with the State Government.

The verdict came after the State Government appealed against a 2023 Single Judge order that had allowed outgoing Panchayat members of six valley districts Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam to continue in office until elections were held. The High Court Bench has now set aside that order, reaffirming that local self-governance must be exercised only by duly elected representatives.

This ruling, which follows an earlier observation of the Supreme Court directing the High Court to decide the matter on merits, is expected to pave the way for timely Panchayat elections in Manipur after a delay of nearly three years.