HP High Court Orders Panchayat Polls by April 30
Shimla:
The Himachal Pradesh High Court on Friday delivered its final verdict on a petition seeking timely conduct of Panchayat elections in the state.
The court directed the State Election Commission to complete the election process before April 30.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ramesh Verma also instructed the Panchayati Raj Department, the State Election Commission and the state government to sit together and chalk out a clear strategy to ensure that the polls are held within the stipulated time.
The court observed that elections to constitutional bodies cannot be postponed indefinitely under any circumstances. “To preserve constitutional institutions, elections must be conducted on time,” the Bench said.
As per the court order, the election process for Panchayati Raj institutions will begin from February 20, while polling will be held on April 30.
The High Court had reserved its judgment on January 7 after hearing arguments from all parties.
During the hearings, the state government, represented by a senior advocate, had expressed its inability to conduct elections on time.
The government maintained that allegations of deliberately delaying the polls were baseless and asserted that it had no intention to defer the elections.
The government argued that the process of forming new panchayats, gram sabhas and district councils was still underway.
It claimed that, following legal procedures, at least six more months would be required to complete the process.
The government further stated that even if the reservation roster was issued immediately, it would still take a minimum of 90 days to conduct the elections.
The State Election Commission also highlighted practical hurdles, saying elections in February and March were difficult as government staff would be busy with school examinations.
It added that from May onwards, employees would be deployed for census duties, while heavy monsoon rains in July and August would further complicate the process.
Petitioner rejected government’s stand
On the other hand, the petitioner’s counsel strongly refuted the government’s arguments, alleging that the elections were being deliberately delayed. He said the government had ample time over the past year to complete delimitation but kept citing disasters as an excuse.
The petitioner demanded that the new delimitation exercise should apply only to future elections and that the current polls be held based on the existing census data.
He argued that the government machinery had completely failed in discharging its constitutional responsibility.
The counsel pointed out that Panchayat elections are a constitutional mandate and must be held within six months after the expiry of the previous term.
He urged the court to issue strict directions to the government to conduct elections on time.
Accepting these arguments, the High Court finally ordered the state authorities to ensure that Panchayat elections are conducted within the fixed deadline.