HC directs Himachal govt to hold panchayat elections by April 30
Shimla, Jan. 10 -- In a setback to the Sukhvinder Singh Sukhu-led Congress government, the Himachal Pradesh high court on Friday ordered the state to conduct elections for panchayati raj institutions (PRIs) and urban local bodies (ULBs) by April 30, 2026.
The ruling effectively dismisses the state's attempt to defer the democratic exercise by six months, citing post-monsoon reconstruction and the enforcement of the Disaster Management Act.
Disposing of a petition challenging the delay, the court mandated that the state election commission (SEC) and the government finalise all preparatory formalities by February 28.
The state government had argued that "extensive damage to private and public property" during the recent monsoon-which saw losses exceeding Rs.10,000 crore across the state-rendered the administrative machinery unable to hold polls. In October, the government had directed the SEC to stall the process "until things improve on the ground", citing blocked rural roads and logistical hurdles.
However, the court remained unmoved by the plea for a six-month extension.
During three days of intensive hearings, the Bench noted a tightening administrative window due to school board examinations, which occupy the premises needed for polling booths, in March and the diversion of staff for the national census in May. The state has 3,577 gram panchayats, 90 panchayat samitis, and 11 zila parishads, all of whose five-year tenures are set to expire on January 31. Additionally, the terms of 71 urban local bodies hang in the balance, with the terms of 50 of them concluding on January 18. Under Articles 243-E and 243-U of the Constitution, elections must ideally be completed before these terms end. This prospect had drawn sharp criticism from the opposition, which alleged the government was "fearing the mandate" and attempting to bypass democratic decentralisation.
Hinting at the lack of coordination of the departments, the high court said, "....neither secretary nor director concern or chief secretary, ever consulted the Election Commission, but they took decisions, issued letters, past orders, unilaterally..The state election commission, instead of calling all stakeholders on one table for discussing and deciding the issue of reconstitution of panchayati raj Institutions, has issued letters declaring the letters and orders of the executive as null and void."
"For duty cast upon EC under the provisions of the Constitution, the poll body should have acted as elder brother and other limbs of the state should have cooperated with the commission in order to take appropriate decision for conducting the elections. All of them should have functioned harmoniously without involving in tug-of-war. It has hampered the public interest in violation of Constitutional mandate," read the high court order. The order said, "State poll body, panchayati raj department, urban development department and SDMA, are directed sit together, decide together and march together, harmoniously to act in consonance with constitutional mandate for reconstitution of panchayati raj Institutions and ULBs by completing all process by the state's departments by February 28, 2026 and thereafter, conduct of elections within eight weeks thereafter, i.e. before April 30, 2026. In this exercise, state election commission, through state election commissioner, shall perform duty of elder brother and all others shall act in aid of EC to conduct the polls in compliance of aforesaid directions and in consonance with Constitutional mandate" ruled the HC.
Welcoming the high court's order on panchayat elections, Leader of Opposition Jai Ram Thakur said, "HC decision is a lesson for those forces who, intoxicated by power, are trying to crush constitutional norms."
"The CM has been making a malicious attempt to postpone the elections for the past five months by citing the Disaster Management Act. It is extremely unfortunate that the law which should be used to protect people's lives and property during a disaster is being used by the Sukhu government to save its crumbling political ground," he added. Jai Ram termed chief minister Sukhu's reaction to the HC double bench decision as ridiculous. Jai Ram said that it is surprising that the CM is now interpreting even the clear orders of the court according to his convenience.
Stating that the interpretation of recent court orders on Panchayat elections was not correct, Himachal Pradesh advocate general Anup Kumar Rattan on Friday said that Article 243E of the Constitution and the provisions of the Himachal Pradesh Panchayati Raj Act clearly provide a defined time frame for completing the electoral process.
"The interpretation of the orders is not right as per Article 243E of the Constitution and the Panchayati Raj Act of Himachal Pradesh, and this can be challenged," Rattan said, while addressing the media after the HC's verdict.
Explaining state government's stand before the court, the advocate general said the election process had already been initiated earlier. He informed that 42 gram panchayats were restructured, new gram panchayats and municipal bodies were constituted, and substantial steps in the process had been completed.
"The time sought by the government was only to ensure that objections were invited, heard, and disposed of properly. This process was to be completed after the final publication by February 24, 2026," he said.
Referring to the enforcement of the Disaster Management Act, Rattan said it had been imposed on October 8, 2025, which also impacted the administrative timeline. However, he emphasised that Article 243E mandates a five-year tenure for elected panchayats and allows a maximum period of six months to complete the election process in case of dissolution....
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