Photo used for indicative purpose only. Source: Internet
Shimla, Nov 5,
The Himachal Pradesh government’s move to postpone Gram Panchayat elections, citing the ongoing disaster management situation, has come under judicial scrutiny. A Public Interest Litigation (PIL) has been filed in the Himachal Pradesh High Court, questioning the legality and intent behind the delay.
The petition, filed by advocates Dikkan Kumar Thakur and Happy Thakur, seeks the court’s intervention to ensure that Panchayat elections are held within the constitutionally mandated timeframe. The PIL contends that the state government’s decision to indefinitely defer the polls under the Disaster Management Act undermines democratic processes and violates constitutional provisions.
According to the petitioners, the Chief Secretary had announced on October 8 that Panchayat elections would be conducted only after the disaster situation in the state “normalizes.” Subsequently, the State Cabinet decided to reorganize Panchayats—a process expected to take over two months—effectively pushing back the election schedule.
The petition argues that this decision violates Article 243-E of the Constitution, which mandates that every Panchayat’s term shall not exceed five years, and elections must be completed before the expiry of its term. It also invokes Articles 243-K and provisions of the Himachal Pradesh Panchayati Raj Act, 1994—specifically Sections 120 and 160—which permit postponement of elections only in cases of extraordinary circumstances like a natural calamity or major law and order crisis.
The advocates warned that any undue delay would render Panchayat institutions unconstitutional after their term ends. The last Panchayat elections in Himachal Pradesh were held between December 2020 and January 2021, and the current term ends on January 31, 2026. With 3,577 Panchayats and 71 urban bodies slated for polls, the PIL stresses that timely elections are crucial to uphold grassroots democracy.
Meanwhile, sources indicate that the State Election Commission prefers to hold the polls in December, to avoid disruptions caused by heavy snowfall in several parts of the state.
The High Court is expected to take up the matter for hearing in the coming days.
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