PIL challenges postponement of Himachal Panchayat polls; High Court issues notices
Photo used for indicative purpose only. Source internet
Shimla, Nov 17,
The Himachal Pradesh High Court on Monday issued notices to the State government and the State Election Commission (SEC) while hearing a Public Interest Litigation (PIL) challenging the alleged move to defer the upcoming Panchayat elections under the guise of disaster management.
The Division Bench of Chief Justice Gurmeet Singh Sandhiwalia and justice Jiya Lal Bhardwaj sought responses from both authorities after petitioners Advocates Dikkan Kumar Thakur and Happy Thakur questioned the legality of postponing the polls beyond the constitutionally mandated timeline.
The petitioners argued that the State government’s reliance on the Disaster Management Act to delay the elections was unjustified and amounted to an attempt to push the electoral exercise indefinitely. The petitioner stated that state is bound to conduct election of PRIs in the state with in five years couldn’t be expected to be held on time.
According to the PIL, the Chief Secretary had on October 8 stated that Panchayat elections would be held only after the disaster situation stabilised.
Subsequently, the State Cabinet initiated a process to reorganize Panchayats, a move the petitioners claim would consume over two months and inevitably push the elections beyond schedule.
The petitioners contended that such actions violate Article 243 of the Constitution, which clearly stipulates that the term of a Panchayat shall not exceed five years, and elections must be conducted before the expiry of that term.
The plea also cites Articles 243-K and Sections 120 and 160 of the Himachal Pradesh Panchayati Raj Act, 1994, arguing that postponement is permissible only under exceptional circumstances such as a natural disaster or breakdown of law and order.
During the hearing, the State informed the court that all arrangements for the Panchayat elections would be completed before January 20 next year and that the election schedule would also be announced by that date.
The court deferred further proceedings to December 22. The previous Panchayat elections were conducted between December 2020 and January 2021, and the current bodies complete their term on January 31, 2026. With 3,577 Panchayats and 71 urban local bodies due for elections, the PIL warns that any delay could render local institutions unconstitutional and impact grassroots governance.
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