Calcutta: The state government’s initiatives to form panchayat boards within August 16 have come under scrutiny with questions within the administration as to whether dismantling existing boards before the completion of their five-year tenure is justified to put in place the newly elected boards at the earliest.

The additional district magistrate (zilla parishad) of Murshidabad, Aprotim Ghosh, sent a letter to the state panchayat department stating that the five-year tenure of many of the rural bodies in the three-tier panchayat system in the district will expire after August 16.

Quoting West Bengal Panchayat Act, 1973, the official pointed out that the tenure of a rural body is stipulated for five years. As the tenure of many of the boards will expire after August 16, the official asked whether the newly elected board would be allowed to take over the charge immediately even before the previous board's term has expired.

Sources in the administration said the question raised by the ADM has left the authorities in a spot. Opposition parties had flagged the premature end to the five-year term of rural bodies.

As many of the rural bodies, particularly panchayat samitis and zilla parishads, held their first meeting in September 2018, their five-year tenure would expire only in September 2023.

“If the new boards are set up in all three tiers of the panchayat by August 16, the five-year tenure of many boards would be cut short. There were questions about whether this is justified. Now, the question has become more serious since it has been raised within the administration,” said a bureaucrat.

Sources in the panchayat department said they would continue to form boards since the process had already begun.

“The West Bengal Panchayat Constitution Rules, 1975, allows the state to form boards within the tenure of the previous boards. So, the process of formation of boards will continue,” said a senior official.

But some senior officials said the panchayat department's argument was not foolproof as the 73rd Amendment to the Indian Constitution ensures a full five-year tenure for rural bodies from the date of the first board meeting.

“Article 243E of the Constitution, another official said every panchayat board should function for five years from the date of its first meeting. So, if any state rules allow the state to cut short the tenure of any rural board, the 73rd Amendment to the Constitution overwrites it,” said a bureaucrat.

According to sources, boards in more than 70 per cent of the 3,300-odd gram panchayats have been formed. Within the next five days, the rest of the gram panchayats, panchayat samitis and zilla parishads would have new boards.

“The questions raised by the Murshidabad ADM are uncomfortable for the state as other districts may voice similar queries at a time when the state government is trying to give momentum to the development projects in the rural areas by forming new boards,” said a bureaucrat.