Himachal Pradesh’s State Election Commission (SEC) on November 17 invoked Clause 12.1 of the Model Code of Conduct (MCC) for municipal and panchayat elections, barring the Sukhvinder Singh Sukhu-led Congress government from making any changes to the demographic structure of gram panchayats or urban local bodies. A week later, on November 24, the Sukhu Cabinet decided to reorganise them while maintaining that local body elections cannot be held till the Disaster Management Act is in force across the state.
These developments have triggered a fresh confrontation between the government and the SEC, which have been at loggerheads over the Panchayati Raj Institutions for the last six months.
There are 3,615 gram panchayats, 81 panchayat samitis and 12 Zila Parishads in Himachal Pradesh. The pradhans, up pradhans and gram panchayat members are elected directly while the members and office-bearers of panchayat samitis and Zila Parishads are elected through a mix of direct and indirect polls.
The previous three-phased panchayt elections were held in 2017 between January 21 and 27 during the tenure of BJP CM Jai Ram Thakur. The next polls are due in January 2026. While the elections are not fought on party symbols, political outfits invariably influence candidates and the voting process.
“Sub-sections (E) and (D) of Article 243 mandate elections every five years to ensure accountability and continuity, and provide for reservation of seats for Scheduled Castes (SC), Scheduled Tribes (ST) and women to ensure inclusive representation in gram panchayats. What the commission is insisting upon is squarely within the ambit of Article 243. The same principle applies to urban local bodies, where elections must be held every five years along with a reservation roster for reserved categories,” said State Election Commissioner Anil Kumar Khachi.
According to the SEC, the five-year term of the rural local bodies begins on the date of the first meeting in their respective areas.
“Each institution is required to meet at least once every month. If a gram panchayat held its first meeting on February 10, 2021, its five-year term will end on February 9, 2026,” Khachi said.
A former SEC, requesting anonymity, said while Article 243 mandates elections every five years, preparations for the polls must begin at least six months in advance. “Preparations include clarity on reservation rosters for women and SC/ST candidates, delimitations, etc. This clarity must be provided by the state government, which has to inform the Election Commission (EC) before the terms of the PRIs end,” he said.
Himachal is also home to eight municipal corporations, including the three newly formed ones in Hamirpur, Una and Baddi, 29 municipal councils and 37 nagar panchayats. Candidates in these polls contest on party symbols.
According to an EC official, Shimla Municipal Corporation elections were due in June 2022 but polls were held in May 2023 after the 2022 Assembly elections.The Palampur Municipal Corporation elections were also held in May 2023 while the Mandi Municipal Corporation elections were held in January 2021.
In July, the Sukhu Cabinet approved the proposal to bring in Other Backward Classes (OBC) quota in all urban local bodies. Currently, there is only reservation for SCs, STs and women. The BJP had claimed that the process of declaring OBC reservation in local bodies would also delay the electoral process.
Sukhu has repeatedly said that elections for rural local bodies will be held within the mandated time frame. However, he said as the Disaster Management Act, 2005, was in force across the state since the widespread destruction during the Monsoon this year, the government’s priority was restoring connectivity, particularly in rural areas.
On September 2, during the Monsoon Session of the Assembly, the entire state was declared “disaster affected” and the Disaster Management Act was invoked, empowering state and district authorities to manage and mitigate the disaster effectively.
Sections 24 and 34 empower the State Executive Committee and District Authorities to control and restrict vehicular movement and regulate entry and exit from vulnerable or affected areas.
Revenue Minister Jagat Singh Negi asked how the panchayat elections could be held while the Disaster Management Act remained in force.
However, a senior Congress claimed the “lack of a strong organisational base at the grassroots” may be a reason for the government to put off the elections. “It is well-known that during Panchayat elections, candidates backed by the ruling party usually win. But in Himachal Pradesh, the Congress has yet to strengthen its organisational base at the grassroots. This may be a reason why delaying Panchayat elections suits the government,” he said.
Terming the government’s move as a “deliberate delaying tactic”, Leader of the Opposition Thakur alleged that the Sukhu dispensation was “scared of defeat”.
“They have done nothing in the last three years and are running away from Panchayati Raj elections under the garb of the Disaster Management Act. The CM says road connectivity is worst affected in rural areas, but some of his own ministers claim that most roads have already been repaired,” he said.
