Plea seeking timely Panchayat elections- HP High Court reserves verdict
Photo used for indicative purpose only. Source: Internet
Shimla, Jan 8,
The Himachal Pradesh High Court on Wednesday reserved its judgment on a petition seeking directions for the timely conduct of Panchayat elections in the state, a matter with wide constitutional and governance implications.
The case was heard by a Division Bench comprising Justice Vivek Thakur and Justice Romesh Verma, which concluded detailed arguments spanning two consecutive days before reserving its order.
During the hearing, the Bench examined submissions from the State Government, the State Election Commission (SEC), the State Disaster Management Authority (SDMA), and the petitioner, focusing on whether elections to Panchayati Raj Institutions could be deferred beyond their constitutional tenure.
Appearing for the SEC and SDMA, Advocate General Anup Rattan argued that there was no urgency to conduct Panchayat elections while the Disaster Management Act remains in force. He submitted that the prevailing disaster-related conditions in the state justified postponement of the electoral process in the interest of public safety and effective administration.
Challenging this position, counsel for the petitioner Anshul Dass contended that the state was constitutionally obligated to ensure elections within the prescribed timeframe. He pointed out that the tenure of Gram Panchayats, Panchayat Samitis and Zila Parishads is due to expire on January 20, and any delay beyond that date would amount to a violation of constitutional mandates governing local self-government. The petitioner alleged that the state was attempting to seek an additional six-month extension by invoking the Disaster Management Act.
Senior counsel Sharwan Dogra, representing the state government, argued that once the Disaster Management Act is withdrawn, the State Election Commission must be granted a minimum of 160 days to complete the electoral process. He maintained that the state still had adequate time, as the tenure of the existing Panchayats had not yet formally ended.
After weighing the rival submissions and examining the constitutional scheme relating to Panchayati Raj Institutions, the High Court reserved its verdict. The forthcoming decision is expected to play a crucial role in determining the election schedule and the continuity of grassroots democratic governance in Himachal Pradesh.
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