SHIMLA: In a major setback for the Himachal Pradesh Government, the High Court on Friday struck down the 2025 amendment to Rule 9(2) of the Panchayati Raj Election Rules, calling it arbitrary, irrational and violative of constitutional norms governing local bodies.
A Division Bench of Justice Vivek Singh Thakur and Justice Romesh Verma ruled that the State’s attempt to make Panchayat Samiti the unit for Zila Parishad delimitation — instead of the earlier Sabha area — had distorted population ratios, created “unreasonable disparities” among wards and defeated the mandate of Article 243 of the Constitution.
The court said the move, justified by the government as a convenience for Returning Officers during counting, showed “non-application of mind”, ignored legislative requirements, and produced wards ranging from 6,372 to 37,899 in population, violating the 25,000-population norm under Section 89(2) of the Panchayati Raj Act.
The Bench pointed out glaring inconsistencies — like Chhohara block being split into two wards of around 21,000 population each, while Jubbal and Kotkhai, with nearly double the population, were kept as single wards, calling the exercise “irrational and discriminatory.”
The Court also held that the amended rule was never laid before the State Assembly, as required by law, rendering it unenforceable.
Importantly, the Bench clarified that judicial review is not barred in delimitation cases when manifest arbitrariness is visible, citing recent Supreme Court rulings. It rejected the state’s argument that Article 243-O prohibits court scrutiny.
The judgment comes at a time when the State Election Commission and the government are locked in a tussle over the timing of Panchayat polls and ongoing delimitation in several districts.
The HC ordered that the entire delimitation exercise based on the amended Rule 9(2) stands vitiated, clearing the decks for a fresh process in line with constitutional and statutory provisions.
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