Himachal govt moves Supreme Court against HC order mandating gram panchayat polls by April 30: ‘Two legal issues’

Himachal Pradesh Advocate General Anup Rattan said the Special Leave Petition has been moved in the Supreme Court on key questions of law arising from the high court’s directions.

2 min readShimlaFeb 4, 2026 04:16 PM IST

On January 9, 2026, the Himachal Pradesh High Court had instructed the state government and the State Election Commission (SEC) to ensure that polls to the rural local bodies are held within the stipulated timeframe. (Source: Wikimedia Commons)

The Himachal Pradesh government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the recent order of a double bench of the Himachal Pradesh High Court directing the state to conduct gram panchayat elections before April 30 this year.

The high court, in its January 9 order, had instructed the state government and the State Election Commission (SEC) to ensure that elections to the rural local bodies are held within the stipulated timeframe, stressing adherence to constitutional provisions governing Panchayati Raj institutions and democratic decentralisation.

Confirming the development, state Advocate General Anup Rattan said the SLP has been moved on key questions of law arising from the high court’s directions. “We have moved a Special Leave Petition in the Supreme Court against the high court decision on Tuesday. The SLP has been filed on two main legal issues,” he said.

Explaining the grounds of the petition, Rattan said, “The state government has challenged the high court order primarily on two grounds. First, the petition questions whether a statutory constitutional body like the State Election Commission can proceed with the conduct of elections when a central legislation, such as the Disaster Management Act, 2005, is in force — particularly during notified disaster or emergency conditions.”

“Second, the government has also contended that the January 9 directive of the high court’s double bench — mandating elections before April 30 — is in contravention of an earlier high court judgment delivered in 2021 on the same subject. According to the state’s plea, the earlier ruling had laid down a different legal position or timeline regarding the conduct of panchayat elections, and therefore the latest order creates a legal inconsistency requiring adjudication by the Supreme Court,” he added.

The tenure of around 3,650 gram panchayats in Himachal Pradesh expired on January 31.

However, the state government has cited administrative constraints, disaster-management considerations and legal complexities in delaying the poll process. Petitioners in the high court had argued that postponement undermines grassroots democracy and violates constitutional provisions requiring regular elections to local bodies.

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Taking cognisance, the high court intervened and fixed a deadline, directing the authorities to complete the electoral process by April 30.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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