To cut graft in panchayat bodies, Himachal passes Bill barring tainted pradhans from contesting polls

Navigating the Bill in the House, Chief Minister Sukhvinder Singh Sukhu said the amendment was necessary to check corruption at the grassroots level to bring accountability in the functioning of gram panchayats.

“The legislation bars pradhans found guilty of corruption from contesting elections again, thus ensuring transparency in rural governance,” the CM said.

The chief minister said, “It has become a routine for corrupt pradhans to escape accountability under the existing provisions. The amended law will, however, end this practice.”

Sukhu emphasised that the amended law also empowers panchayat secretaries to recover arrears, including taxes, rents and water rates, under the supervision of the collector.

According to information, the Bill also adopts nearly 40 provisions of the BNS, “enabling panchayats to adjudicate minor offences” such as public nuisance, criminal trespass, petty theft up to Rs 250, and misconduct in public places.

Meanwhile, participating in the debate, BJP legislator Tarlok Jamwal cautioned the government against giving “unlimited powers” to the executive in matters of taxation, and suggested a cap on the enhancement of local taxes to prevent arbitrary increases.

Replying to the BJP MLA, Sukhu said, “The government has no intention to misuse its powers, as there are only certain items where the upper limit has been raised from 50 to 100 per cent. The apprehensions expressed by the Opposition member will be taken into consideration while implementing the law.”

Earlier, introducing the Bill in the House, Anirudh Singh said, “The Himachal Pradesh Panchayati Raj Act, 1994, requires amendments to align its provisions with recent legal and administrative developments. The enactment of the BNS, 2023, the BNSS, 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023, has necessitated the substitution of references to the repealed Indian Penal Code (IPC), 1860, Code of Criminal Procedure of India (CrPC), 1973, and the Indian Evidence Act, 1872.

“The Bill further proposes to introduce electoral reforms on the analogy of the Representation of the People Act,1951, including provisions relating to electoral rolls, election expenses, qualifications, disqualifications and conduct of elections. It also aims to strengthen the functioning of panchayats by enhancing penalties and jurisdictional values, rationalising financial procedures and providing administrative clarity with respect to tenure, suspension, and recovery of dues. The proposed amendments are intended to ensure conformity with the new criminal laws, streamline electoral processes, improve institutional functioning, simplify procedures, and enhance accountability of office bearers. This Bill seeks to achieve the aforesaid objectives.”

Panchayat polls not be postponed: CM

Chief Minister Sukhvinder Singh Sukhu said the panchayat elections in Himachal Pradesh would not be postponed.

Sukhu informed the House in response to a question raised by Congress Nalagarh MLA Hardeep Singh Bawa.

Bawa had pointed out that roads and schools at the panchayat level had suffered extensive damage and several polling booths had been destroyed, thus whether the government was considering postponing the panchayat elections under these circumstances.

In reply, the chief minister said the panchayat elections would not be deferred. “Any panchayat pradhan (head) found guilty of corruption will not be allowed to contest elections,” the CM added.