The Orissa high court on Friday upheld the January 19 notification of the state election commission, saying the step taken by it to keep the election of lower rung panchayat members above party politics was within its constitutional ambit.

Rejecting a petition challenging the EC notification, justice S K Mishra also vacated the stay order it had imposed on Wednesday on the operation of the notification.

The high court also made it clear that restricting candidates from using the support of political parties was by no means violative of any fundamental right.

The judge, while disposing a case filed by a sarpanch candidate in Balasore district, in its ruling observed that the intension of legislation of the gram panchayat act was to keep the panchayat election above party politics.

The petitioner had approached the high court urging it to quash the EC notification on the ground that it was infringing her fundamental right.

The commission, in its argument, had stated that it was constitutionally obliged to ensure a free and fair election by keeping the lower rung positions of the three-tier panchayat bodies apolitical.