New Delhi: The Delhi High Court on Monday sharply criticised the Central government for its prolonged failure to conduct elections to Cantonment Boards across the country, noting that the civic bodies have been functioning without elected representatives since 2020. The court said the continuous reliance on government notifications to manage these boards through officials rather than elected members raises serious concerns about democratic accountability.
The observations came from a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela while hearing a petition filed by residents of the Delhi and Agra cantonment areas, Sandeep Tanwar and Yogesh Kumar. They have sought directions to the government for immediate elections, arguing that authorities have repeatedly used legal provisions to bypass electoral processes.
Cantonment Boards, over 60 in number, serve as municipal bodies responsible for civic administration in designated military areas. The last elections were held in January 2015, and the term of those elected members ended five years ago. The Bench pointed out that Section 12 of the Cantonments Act, 2006, clearly establishes that these boards must include elected representatives. However, the Centre has been repeatedly invoking Section 13, a provision meant for exceptional situations such as military operations or administrative exigencies, to alter the boards’ composition and delay elections. The court said such repeated notifications have effectively removed elected members from the system, undermining the democratic structure envisioned by the Act. It noted that the practice could amount to a “colourable exercise of power.”
The High Court issued notices to the Central government and the Director General of Defence Estates, asking them to explain how they justify the prolonged use of Section 13 and why elections have not been conducted. The case has now been converted into a public interest litigation for broader consideration.
During the hearing, the Central Government Standing Counsel informed the court that the delay stems from an ongoing effort to bring uniformity between municipal laws and cantonment administration. He also said that proposals to merge civilian areas of some cantonments with nearby municipal bodies are under review, and consultations with State governments are still in progress.
After considering submissions from both sides, the court directed the government to file a detailed response. The matter will be heard again on March 11.