HP High Court: Panchayat elections cannot be delayed beyond tenure, Disaster Law can’t override constitution
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Shimla, Jan 9,
The Himachal Pradesh High Court has held that elections to Panchayati Raj Institutions (PRIs) cannot be deferred beyond their five-year constitutional tenure, ruling that statutory orders issued under disaster management laws cannot override the constitutional mandate governing local body elections.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma delivered the verdict while deciding a public interest litigation seeking directions for timely conduct of Panchayat elections in the state.
“The rule is to conduct election or reconstitution of Panchayati Raj Institutions before expiry of the tenure of five years. Reconstitution after expiry is only an exception and cannot be claimed as a matter of right by the Government,” the Bench observed .
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The Court categorically rejected the State’s reliance on an order issued by the Chief Secretary in his capacity as Chairman of the State Disaster Management Authority (SDMA), which had postponed elections citing monsoon-related calamities and damaged connectivity.
“A statutory provision or order passed thereunder cannot override or supersede constitutional provisions or constitutional machinery like the Election Commission,” the Court ruled, adding that constitutional provisions must prevail in case of conflict .
The Bench noted that while the Disaster Management Act is a special statute enacted to deal with emergencies, it cannot dilute Article 243E of the Constitution, which mandates completion of Panchayat elections before the expiry of their five-year term.
“Nothing has been placed on record to justify that after-effects of the calamities continue with such gravity that elections cannot be conducted,” the Court recorded, observing that normalcy had largely returned across the state .
The High Court also held that Panchayats automatically stand dissolved on expiry of their term, and any continuation thereafter without elections would be unconstitutional.
“No Panchayat can continue after completion of five years from the date of its first meeting,” the Bench said, clarifying that the six-month period mentioned under the Panchayati Raj Act is not a license to delay elections, but only an exceptional window in unavoidable circumstances .
Criticising administrative inaction, the Court observed that government officers had stalled the election process despite the State Election Commission being prepared with material and voter lists.
“All limbs of governance must act harmoniously. Unilateral decisions leading to a tug-of-war hamper public interest and violate constitutional mandate,” the judgment stated .
The Court further clarified that its earlier ruling in Devinder Singh Negi’s case had not directed postponement of elections and was wrongly being cited as a justification for delay.
With these findings, the High Court reaffirmed the primacy of the Election Commission’s constitutional authority and underscored that democratic governance at the grassroots cannot be suspended by executive indecision or statutory overreach .
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