In a significant ruling, the Himachal Pradesh High Court has mandated the state government to conduct elections for panchayati raj institutions and urban local bodies before the deadline of April 30. The court expressed strong skepticism about the government's intent to delay the democratic process.
Court Rejects Government's Plea for Postponement
A division bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma delivered this judgment while hearing a public interest litigation that challenged the postponement of the elections. The Congress-led state government had earlier requested the Election Commission to halt the process, citing extensive damage to public and private infrastructure from natural disasters. Officials argued that with the Disaster Management Act in force, elections should be deferred until conditions improved.
However, the bench was unconvinced. "The entire material on record creates doubt about the conduct of officials... giving an impression that the govt is not keen to conduct the election in a timely manner, but rather intends to defer it indefinitely for reasons known to them," the court observed. It specifically rejected the state's reliance on an October 8, 2025, order by the chief secretary, who was acting as the chairman of the State Disaster Management Authority (SDMA), which used monsoon damage as grounds for deferment.
Clear Timelines and Constitutional Authority Upheld
The high court directed the State Election Commission, panchayati raj and urban development departments, and the SDMA to complete the preparatory election process by February 28. The actual polls must then be held by April 30. The court emphasized that orders from the SDMA chairman cannot override the constitutional machinery of the Election Commission.
"It is apt to record that nothing has been placed on record by the state to justify the observations made in the order dated Oct 8, 2025 so as to reflect that the after-effects of the calamities exist as on date with such gravity and magnitude that it would not be possible to conduct elections," the bench stated. It declared the government's claim of having the right to defer elections for six months after the term ends as "not legal, justified, and sustainable."
The court also highlighted that the chief secretary and other concerned officials acted unilaterally without consulting the Election Commission.
Impending Deadlines and the Road Ahead
The ruling comes at a critical juncture as the five-year terms of thousands of local bodies are set to expire imminently:
- The term of 3,577 gram panchayats, 90 panchayat samitis, and 11 zila parishads expires on January 31.
- The term of 50 urban local bodies, including four municipal corporations (Dharamshala, Palampur, Mandi, Solan) and five nagar panchayats (Amb, Chirgaon, Kandaghat, Nerwa, Nirmand), expires on January 18, April 13, and April 16, respectively.
Considering the upcoming legislative assembly session and board examinations in February and March, the court concluded that holding elections in April is the most feasible and legally sound solution. This directive ensures that the democratic framework at the grassroots level in Himachal Pradesh is restored without further delay.
