Process of panchayat polls to begin by Jan 21: HP govt to HC
Shimla, Nov. 18 -- Hours after Sukhvinder Singh Sukhu-led state government assured the high court (HC) that election process of Panchayat polls will be started by January 21, the state poll body issued a notification enforcing a key clause of the Model Code of Conduct, 2020-freezing any changes to the structure, classification or boundaries of all panchayats and municipalities in state.
The statement comes during the hearing of a public interest litigation (PIL) challenging deferring of the panchayat elections under the Disaster Management Act.
The division bench of chief justice Gurmeet Singh Sandhawalia and justice Jiya Lal Bhardwaj also issued notice to state government and state election commission to file reply on December 22. Petitioner's counsel advocate Mandeep Chandel on Monday said, "The state advocate general assured the court that the election process of panchayat polls will begin by January 21."
The Himachal government, citing "extensive damage to both private and government properties in the districts" as well as to roads during monsoon, in October, had told the state election commission to postpone the panchayat and local bodies polls "till things improve on the ground".
"A PIL was filed in the Himachal Pradesh HC regarding panchayat elections by Dikken Kumar Thakur. Today, the court has issued notices to the government asking it to file its reply. The next hearing will be on December 22," said Chandel.
"We filed this petition before the HC citing the constitutional mandate under Article 243(e), which states that panchayat polls must be held every five years. Therefore, the state election commission and the government must issue a schedule and inform the public when the elections will be held," he further said.
Chandel added, "Earlier, the government had cited disaster-related reasons, claiming that many roads were damaged, but such justification cannot be used indefinitely." He asserted that the Constitution makes it mandatory for the SEC to conduct elections on time.
The order issued, in October, under the Disaster Management Act, by chief secretary-cum-chairman of the state executive committee constituted under the act, Sanjay Gupta, read, "Keeping in view the adverse situation of the damaged roads and public and private property, in exercise of the powers conferred on me under sub section (e) of Section 24 of the Act ibid order that elections to the panchayati raj institutions will be held only after restoration of proper connectivity throughout the state so that no inconvenience is caused to the general public as well as the polling personnel, and further no voter loses his right to vote because of road connectivity issues."
Following state government's order to the poll body, the state cabinet initiated a process to reorganise panchayats. The petitioners also apprised the high court that the move would consume over two months and inevitably push the elections beyond schedule. However, in a notification issued on Monday, the state poll body froze any alteration to the boundaries or structure of panchayats and municipalities. The directive, issued under the Model Code of Conduct, 2020, aims to ensure timely elections for bodies whose terms expire early next year.
The Himachal Pradesh state election commissioner Anil Kumar Khachi, speaking to HT said, "The notification issued only to ensure no change or delimitation of the wards."...
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