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Himachal HC Stays 5% Panchayat Quota Powers of DCs, Orders Roster by April 7

The Himachal Pradesh High Court has stayed the powers granted to Deputy Commissioners to reserve 5% of seats in Panchayat elections, observing the provision is prima facie unconstitutional. The court directed all DCs to finalise and implement the reservation rosters by April 7, a move that may force redrawn rosters in several districts. The state government's amendment, notified on March 30, was challenged as a violation of Article 243(d) of the Constitution. With Panchayat elections scheduled before May 31, the court's order is critical to maintaining the election timeline.

Key Points: Himachal HC Stays DCs' 5% Panchayat Quota Powers

  • HC stays 5% quota powers for DCs
  • Orders roster finalisation by April 7
  • Terms amendment arbitrary & unconstitutional
  • Panchayat elections due before May 31
  • Roster may be redrawn in several districts
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Himachal HC stays DCs' 5% quota powers in panchayat polls; orders roster finalisation by April 7

Himachal Pradesh High Court stays 5% quota powers for DCs in panchayat polls, orders final reservation roster by April 7, calling the move unconstitutional.

"The provision was prima facie unconstitutional. - High Court Bench"

Shimla, April 6

In a major setback to the Himachal Pradesh government, the High Court on Monday stayed the powers granted to Deputy Commissioners to reserve 5% of seats in Panchayat elections, observing that the provision was prima facie unconstitutional.

A division bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma ruled that any reservation roster prepared using these powers would also remain stayed. The court directed all DCs to finalise and implement the reservation rosters for Panchayat elections by 5 PM on April 7 without fail.

The detailed order is awaited.

Advocate Nand Lal, appearing for the petitioner, termed the amendment arbitrary and beyond the competence of the state government.

"The tenure of Panchayats had already ended on December 31. We filed the petition challenging the government's move to grant 5% reservation powers to DCs. The High Court has stayed the provision and directed that fresh rosters be issued by April 7," he said.

He further added, "The government had notified amendments to the Panchayati Raj Rules on March 30, empowering Deputy Commissioners to reserve 5% seats. This was a clear violation of Article 243(d) of the Constitution, which governs reservation in Panchayati Raj institutions."

According to the court's directions, reservation rosters issued in districts such as Kullu, Shimla, Mandi, Kangra and Hamirpur may now have to be redrawn if they included the stayed 5% quota.

Elections are scheduled to be held in over 3,600 Panchayats and 73 urban local bodies across the state before May 31. While reservation rosters for urban local bodies have already been issued, Panchayat rosters are still awaited in several districts.

Panchayati Raj Minister Anirudh Singh said the government would abide by the court's directions. "We respect the judiciary, and the High Court order will be implemented," he said.

Leader of the Opposition Jai Ram Thakur welcomed the verdict, terming it an embarrassment for the government. He accused Chief Minister Sukhvinder Singh Sukhu of attempting to influence Panchayat elections through unconstitutional measures.

"The High Court has struck down the government's decision to grant 5% quota powers to DCs and ordered the issuance of a fresh roster. This move was a violation of Article 243(d) of the Constitution," Thakur said.

The tenure of Panchayati Raj institutions in Himachal Pradesh ended on December 31, 2025, prompting the need for fresh elections. The state government had issued a notification on March 30, 2026, amending rules to empower DCs to reserve 5% seats in Panchayat elections. The move was challenged in the High Court by petitioner Dikan Kumar.

Earlier, the matter had reached the Supreme Court, which extended the timeline for conducting Panchayat elections for one month first to complete the process by March 31 and subsequently to conduct polls by May 31, 2026, while directing the state to complete all election-related processes within the stipulated period.

The High Court has now mandated that reservation rosters be finalised by April 7, failing which the election schedule could be impacted.

- ANI

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Reader Comments

P
Priya S
This is a welcome relief. Panchayat elections are the foundation of our democracy. Such last-minute amendments create unnecessary confusion for candidates and voters. Hope the rosters are finalized properly by the 7th.
A
Aman W
While I respect the court's order, I hope this doesn't delay the elections further. The tenure ended in December! People in villages need their local representatives. The administration must work double-time to meet this April 7 deadline.
S
Sarah B
Interesting to see the constitutional angle being upheld. Article 243(d) exists for a reason. This seems like a classic case of a state government testing the limits of its power. The court has rightly called it out.
V
Vikram M
The government's move was clearly questionable. Why bring such an amendment just before elections? It erodes public trust. Full marks to the petitioner for challenging it. Judiciary is our safeguard. 🙏
K
Kriti O
A bit of a tight deadline for the DCs, but necessary. Hope the new rosters are fair and transparent. Local self-governance is too important to be tampered with for short-term political benefits.

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