Court Directs Coordination Among State Election Commission and State Entities to Ensure Elections by April 2026
In a landmark judgment, the Himachal Pradesh High Court has mandated that elections for the Panchayati Raj Institutions (PRIs) in the state must be conducted within the constitutional timeframe, despite challenges posed by natural calamities and administrative delays. The Division Bench, comprising Justices Vivek Singh Thakur and Romesh Verma, emphasized the constitutional mandate of Article 243E, which stipulates that elections must be held before the expiry of the five-year term of PRIs.
The court was approached by petitioners seeking enforcement of timely elections, which were jeopardized due to administrative hurdles and a natural disaster that affected the state. The State Disaster Management Authority (SDMA) had issued orders to delay the elections, citing damage from rains and landslides. However, the court ruled that such statutory orders cannot override constitutional mandates, underscoring the superior authority of the State Election Commission in electoral matters.
The judgment highlighted the need for harmonious coordination between the State Election Commission, the State Government, and the SDMA to facilitate elections. It criticized the lack of cooperation and unilateral decisions that have stalled the election process, urging all parties to work collectively to uphold the constitutional requirement.
The court also addressed the issue of delimitation and reservation processes, stating that these should not impede timely elections. It suggested using past delimitation data to avoid delays. Furthermore, the judgment called for the State Election Commission to act independently and ensure elections are held by April 2026, while considering logistical challenges such as school examinations and legislative sessions.
The High Court's decision is seen as a significant step in reinforcing the constitutional framework governing local self-governance and ensuring democratic processes are not unduly hindered by administrative or natural challenges.
Bottom Line:
Elections to Panchayati Raj Institutions must be conducted within the time frame mandated by Article 243E of the Constitution of India. Delays, even due to calamities or administrative issues, must not override the constitutional mandate. Coordination among State Election Commission, State Departments, and SDMA is essential to ensure timely elections.
Statutory provision(s): Article 243E of the Constitution of India, Disaster Management Act, 2005 Section 24, Himachal Pradesh Panchayati Raj Act, 1994 Sections 120, 128, 140, Himachal Pradesh Panchayati Raj (Election) Rules, 1994, Census Act, 1948.
