In another petition filed by Mango Foundation, the State Election Commission (SEC) has submitted in the HC that State government has not carried out the necessary amendments to the Goa Panchayat Raj Act, 1994 and many powers still vest with the government.
Various States including Kerala, Maharashtra, Karnataka, Bihar, Gujarat, Jharkhand, West Bengal have carried out amendments to their respective Panchayat Raj Acts. In all these States, the power to delimit wards, to reserve wards, to rotate seats among SC/ST, women, to register political parties as well as power to make their own electoral rolls are vested in the State Election Commissioners, SEC has stated.
SEC told the HC that various reminders have been sent since 2007 from Ministry of Panchayat Raj to the State government to carry out necessary amendments to the Act.
The commission stated that in the absence of the amendments to the Act, the power as regards delimitation of wards, reservation of seats, rotation of reserved seats, declaration of dates of election continue with the State government and the same would defeat the very purpose of 73rd and 74th Amendment to the Constitution of India.
The petition has, however, been kept for final hearing after the court vacations as it calls for a proper examination of constitutional provisions and state laws concerning who should delimit and reserve wards.
