Himachal HC Orders Panchayat Polls by April 30, Rejects Disaster Law Delay

A division bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma passed the order while deciding a public interest litigation filed by Dikken Kumar Thakur and another petitioner, who sought directions to the state and the State Election Commission to hold Panchayat elections before the expiry of the present term on January 31, as mandated under Article 243-E of the Constitution.

The petitioners contended that any attempt to continue Panchayati Raj Institutions beyond five years would be unconstitutional and void ab initio. They also sought immediate notification of the election schedule and completion of the entire electoral process without further delay.

The state government had justified the delay by relying on an order dated October 8, 2025, issued by the Chief Secretary in his capacity as Chairman of the State Disaster Management Authority (SDMA), citing widespread damage during the 2025 monsoon, including cloudbursts, flash floods and landslides that claimed 270 lives and caused losses estimated at over Rs 5,400 crore.

According to the state government, elections could be held only after the restoration of full road connectivity to avoid inconvenience to voters and polling staff.

Rejecting this argument, the High Court held that while the Disaster Management Act is a special statute meant to deal with emergencies, it cannot override constitutional provisions or the authority of a constitutional body like the State Election Commission.

The bench observed that statutory orders issued under the Disaster Management Act cannot supersede the constitutional mandate requiring the timely conduct of elections to local self-governing institutions.

The Court noted that normalcy had largely returned across the state, government functions involving large public gatherings were being held, and there was no material on record to justify a blanket postponement of elections.

The state government had also cited pending delimitation, court cases relating to the reorganisation of local bodies, and amendments to election rules as reasons for the delay. However, the bench held that delimitation is a continuous exercise and cannot be used as a ground to defer elections that are constitutionally due.

It was observed that earlier Panchayat elections were also conducted on the basis of the 2011 Census. Therefore, elections could proceed on the basis of the existing delimitation if required.

The Court relied on several Supreme Court judgments, including Kishansing Tomar v. Municipal Corporation of Ahmedabad, Suresh Mahajan v. State of Madhya Pradesh and Rahul Ramesh Wagh v. State of Maharashtra, to reiterate that elections to local bodies must be completed before the expiry of their term and that administrative or legislative delays cannot defeat this mandate.

The bench underscored that the State Election Commission is an independent constitutional authority and the state government is duty-bound to extend full cooperation, including staff and logistical support, to enable it to conduct free and fair elections on time. It also noted instances in which district authorities allegedly instructed officials not to collect election materials despite directions from the Commission, characterising such conduct as detrimental to the constitutional process.

While recognising practical constraints such as school examinations, Assembly sessions and administrative requirements, the Court made it clear that elections cannot be pushed indefinitely.

It directed the State Election Commission, the Panchayati Raj Department and the State government to sit together, coordinate and finalise a concrete strategy to conduct Panchayat elections expeditiously, preferably by April 2026 and certainly before April 30, 2026.

The petition was disposed of with these directions, reaffirming that democratic governance at the grassroots level cannot be put on hold except in the rarest of circumstances and that constitutional timelines must be respected in letter and spirit.

- ANI