HP govt moves SC against high court directive to hold panchayat polls by April 30

Shimla: The Himachal Pradesh govt has approached the Supreme Court, challenging the state high court's Jan 9 judgment that directed the completion of panchayat elections before April 30.In a special leave petition (SLP) filed on Tuesday, the state govt cited two key legal grounds – firstly, it questioned whether the state election commission, a statutory constitutional body, can proceed with the PRI (panchayati raj institutions) elections while the Disaster Management Act, 2005, remains in force in the state due to prevailing disaster conditions. The govt argued that conducting elections amid such circumstances could undermine statutory disaster management provisions legislated by Parliament.
Secondly, the state govt highlighted that the recent ruling contradicted a 2021 judgment by the high court on the same issue. The 2021 verdict laid out a different legal framework and timeline for holding PRI polls. The state contended that the Jan 9 order created a legal inconsistency, which warrants the Supreme Court's intervention.The petition also claimed that the high court did not sufficiently consider the ground realities, particularly the impact of last year's monsoon-related disasters, while delivering the judgment. The SLP is expected to come up for hearing before the apex court later this week.In its Jan 9 judgment, the high court had rejected the state govt's justification for postponing the PRI elections, dismissing reliance on an Oct 8, 2025, order issued by the chief secretary as chairman of the state disaster management authority (SDMA).The order cited extensive monsoon damage as a reason to defer elections. But, the high court had made it clear that the order passed by the SDMA chairman cannot have an overriding impact on the functioning of the constitutional machinery – the state election commission.Except for a few segments in Chamba, Lahaul-Spiti and Kullu districts, the five-year term of 3,577 gram panchayats, 90 panchayat samitis, and 11 zila parishads in the state has already ended as of Jan 31.The state govt has set up committees to exercise all powers and functions of these PRIs until newly elected representatives assume office.MSID:: 127911480 413 |