After HC ruling on Panchayat elections, CM Sukhu flags disaster act conflict
Photo used for indicative purpose only. Source: Internet
Shimla, Jan 9,
Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on Thursday said the State Government would seek a detailed legal interpretation of the Disaster Management Act (DMA) following the Himachal Pradesh High Court’s verdict directing that Panchayat Raj elections cannot be delayed on administrative grounds.
Reacting to the Division Bench judgment in a public interest litigation concerning Panchayat Raj Institutions (PRIs), the Chief Minister said the High Court had, in his view, ignored the role and statutory force of the Disaster Management Act, a central legislation invoked by the State in the wake of large-scale natural disasters.
“The Government will first interpret the legal implications of the judgment. We need legal opinion on how the Disaster Management Act, which is a central law, has been overlooked while deciding the issue of Panchayat elections,” Sukhu said while responding to media queries on whether the State would consider moving the Supreme Court.
The Chief Minister pointed out that the State was practically constrained from holding elections during March and early April due to ongoing board examinations and harsh winter conditions, particularly in tribal and high-altitude regions.
“In tribal areas, elections cannot be completed due to snowfall. March is dominated by school examinations, and these are ground realities,” Sukhu said, adding that the State was otherwise prepared to conduct Panchayat elections between April and May.
He further described the High Court’s approach as “arbitrary to the ground situation”, arguing that disaster-related conditions and administrative challenges had not been given due weight.
“This is a matter of concern. The Disaster Management Act becomes ineffective if such realities are not considered,” the Chief Minister remarked.
Notably, while the High Court verdict declined to accept the State’s plea for an open-ended postponement, it also did not fix an immediate poll date, effectively deferring the Panchayat election schedule by nearly three months from the earlier expectation of December polls.
However, the Court maintained that constitutional mandate cannot be diluted, holding that Panchayati Raj Institutions cannot be left without elected representatives beyond their tenure, except in exceptional circumstances.
The Chief Minister’s reaction indicates clear discomfort within the State Government over the ruling, even though the judgment partially accommodated administrative constraints. The possibility of the State approaching the Supreme Court remains open, pending legal advice.
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