The State Election Commission (SEC) of Maharashtra is taking a decisive step to prevent future election delays. It will formally request the state government to urgently amend the rules governing Zilla Parishad (ZP) elections. The core objective is to eliminate a specific provision that allows candidates to challenge nomination scrutiny decisions in district courts.
Root Cause of Poll Disruptions
Officials have identified this appeal mechanism as a major bottleneck. They argue it consistently delays the critical process of symbol allotment, which in turn disrupts the entire election schedule. The proposal for amendment is expected to be sent before the SEC announces the much-delayed programme for the Zilla Parishad and Panchayat Samiti (PS) polls.
Senior SEC officials explained that the problematic rule originates from the 1966 election regulations. This was long before the landmark 73rd and 74th Constitutional Amendments of 1992. These amendments introduced Articles 243(O) and 243(ZG), which explicitly restrict judicial interference in panchayat and municipal electoral matters. Courts can only intervene through election petitions filed after the polls are concluded.
Legal experts have weighed in, suggesting that the persistence of pre-scrutiny appeals in district courts may be fundamentally at odds with these constitutional provisions. "These amendments make electoral decisions final and prevent lengthy pre-election litigation," a legal expert stated. "If the rules are amended in line with Articles 243(O) and 243(ZG), symbol allotment will no longer get entangled in court proceedings. The current rules may actually violate the constitutional scheme."
Lessons from Recent Election Chaos
This move is a direct response to the recent troubles during municipal council and nagar panchayat elections. In several instances, returning officers (ROs) allotted symbols to candidates whose appeals were either pending, decided very late, or not heard at all by district courts. The SEC declared these allotments illegal, forcing the postponement of polling in multiple bodies to December 20.
"If the government desires, the rules can be amended. Otherwise, the same issues will recur once ZP and PS election schedules are announced," cautioned a former SEC official. The commission had raised this very concern back in 2018, but no corrective action was taken at that time.
Under the existing Maharashtra Zilla Parishads Election Rules, 1962, candidates have a three-day window to appeal an RO's decision. Officials highlight that even a brief delay in court hearings creates a domino effect. The RO cannot assign election symbols until all appeals are settled, and symbol allotment must be completed before ballots can be designed, printed, and dispatched. "Timely hearings are crucial. If the rules are amended now, it will ensure a smooth symbol allotment process," an SEC official emphasized.
Polls Awaiting Clarity on Multiple Fronts
The proposed rule change, if approved, is seen as vital for ensuring timely and undisrupted elections for the 32 Zilla Parishads and 336 Panchayat Samitis where polls are due. It would help eliminate pre-election litigation and prevent a repeat of the recent disruptions.
Simultaneously, the SEC is grappling with another complex issue: the Supreme Court's directives on the 50% reservation ceiling. According to the SEC's assessment, 20 Zilla Parishads and Panchayat Samiti bodies currently exceed this reservation limit. The Supreme Court has permitted immediate elections only in compliant bodies, directing they be held "as per previous orders." Polls in non-compliant bodies may have to wait for further legal clarity.
"It is being discussed if the elections should be in phases because the situation is still unclear for bodies exceeding the 50% cap," an official said. The commission is also deliberating whether elections for municipal corporations can be scheduled before the ZP-PS polls. A key meeting with the state government regarding the Zilla Parishad and Panchayat Samiti elections is likely to be scheduled soon.
