Himachal HC directs state govt to conduct panchayat polls before April 30

In the high court, the government maintained that the Natural Disaster Act was in force in the state as it had suffered extensive damage to public and private properties and other infrastructure, including roads in rural areas. It further submitted pleaded that due to the recent disaster and logistical challenges, at least six months were needed to hold the elections. It said that even if the reservation roster were issued immediately, a minimum of 90 days would still be needed to complete the election process.

While expressing inability to conduct panchayat elections within the stipulated time, the government said the delay was was not deliberate delay as baseless. It argued that its intent to hold elections was clear, but the process of constituting new panchayats, gram sabhas and zila parishads was underway.

The counsel for the state poll body submitted that postponing the elections would create more difficulties, as census work will begin in May and conducting elections during the monsoon months of July and August would be nearly impossible.

Advocate Nand Lal, who represented Chandel, said it was also submitted that the board examinations would be held in March and setting up polling booths at that time would be impractical.

Senior Advocate Ankush Dass Sood, representing Dikken Kumar Thakur, argued that panchayat elections were being deliberately delayed. He submitted that the government had over a year to complete delimitation but continued to cite disaster-related reasons. The petitioner submitted that the new delimitation being undertaken by the government should apply in the future, and that the current elections should be conducted on the basis of the existing census. It was argued that the government machinery had completely failed in conducting elections.

Rejecting the government plea, the court observed that to preserve constitutional institutions, elections cannot be postponed indefinitely. The bench, after hearing the arguments for three consecutive days, directed the the SEC, Panchayati Raj Department, Urban Development Department and State Disaster Management Authority (SDMA) to “sit together, decide together and march together, harmoniously to act in consonance with constitutional mandate for reconstitution of Panchayati Raj Institutions and Urban Local Bodies by completing all processes” by February 28 and thereafter, “conduct elections within eight weeks or before 30.04.2026”.

The bench said that in this this exercise, the SEC, “through State Election Commissioner, shall perform duty of elder brother and all others shall act in aid of Election Commission to conduct the elections in compliance of aforesaid directions and in consonance with Constitutional mandate.”

The state has 3,577 gram panchayats, 90 panchayat samitis, and 11 zila parishads and 71 urban local bodies. Their five-year term end on January 31, while the tenure of 50 urban local bodies will end on January 18.

Under Articles 243-E and 243-U of the Constitution, elections must ideally be completed before the tenure ends.

Meanwhile, reacting sharply, CM Sukhu said the high court order needs to be examined in terms of the law under which it was delivered, as the Disaster Management Act is currently in force in state. “We will ask the court whether the Disaster Act has become infructuous and has no meaning,” he said.

The CM said it would have been better if the court had asked the government. He claimed that the state government wants elections to be held in April–May, after the completion of students’ examinations.

He said the question now is not about the panchayat elections but of legal interpretation of the Disaster Act enacted by the central government and whether it has any relevance.

“The recent high court orders indicate that proper interpretation of the law is not taking place,” Sukhu said, adding, “We will study the judgment and take appropriate action.”

Sukhu further said that the panchayat elections in Shimla and some other areas were not conducted in December and January as scheduled due to snow while they were held in the lower areas.

The Opposition BJP hailed the verdict with Leader of Opposition (LoP) and former chief minister Jai Ram Thakur terming it “historic” and a “victory for democracy.”

He said the Congress government was fearing defeat and, therefore, was trying to postpone the panchayat elections for the past five months.

“A law (Disaster Management Act), meant to protect lives and property during disasters, is being misused to safeguard the government’s shrinking political ground. Using disaster as a cover to throttle democracy has been an old Congress practice,” he alleged.

The Congress party carries the Constitution throughout the country, pretending to save it but whenever the party gets a chance, it does not hesitate to violate the Constitution, he said in a statement.

According to the Constitution, panchayat elections should be held in five years but the Congress government enforced the Disaster Act as an excuse to defer the elections, Thakur said, adding that even after seven months of monsoon disaster last year, roads have not been opened and water supply schemes have not been restored.

“New municipal corporations, councils and committees were made but still elections were not held and an Act was changed to extend the term of mayor from two-and-a-half years to five years,” the LoP said.

He said the government’s arbitrary actions in the gram panchayat, municipal corporation and other local body elections make it clear that the government has no regard for any rules, regulations or the Constitution.

He termed the chief minister’s reaction questioning the high court order as “laughable” and said that such statements do not befit those who are celebrating with disaster relief funds meant for disaster victims.