Court mandates reconsideration of objections by residents in Swarghat Nagar Panchayat formation
In a significant judgment, the Himachal Pradesh High Court has quashed the notification dated December 20, 2024, which altered the structure of certain Panchayats to form the new Nagar Panchayat of Swarghat in District Bilaspur. The court, comprising Justices Vivek Singh Thakur and Romesh Verma, held that the objections raised by the residents of the areas proposed to be merged were not addressed through a reasoned and speaking order by the competent authority. This decision underscores the importance of adhering to judicial review principles and respecting residents' voices in administrative processes.
The case, titled "Bal Krishan & others v. State of Himachal Pradesh & others," was brought under Article 226 of the Indian Constitution, seeking the quashing of the impugned notification and demanding that the residents' objections be considered in a timely manner. The court found that the Secretary of Urban Development failed to issue a reasoned order addressing the objections, contrary to the records presented to the Council of Ministers.
The court emphasized that judicial review of delimitation matters is permissible, especially in cases of mala fide or arbitrary exercise of power. Citing precedents from the Supreme Court, the court reiterated that while there are limitations on judicial intervention in delimitation exercises, these do not preclude courts from examining the validity of such orders against constitutional values.
Furthermore, the court highlighted the ongoing conflict between the State Election Commission and the Government over the enforcement of the Model Code of Conduct during the delimitation process. The court noted that the delimitation process should not contravene the Model Code enforced by the State Election Commission and that the objections raised were valid and needed proper consideration.
The judgment has directed the Secretary of Urban Development to reconsider the residents' objections and pass a reasoned and speaking order by January 10, 2026, ensuring a personal hearing if requested. This ruling is expected to bring clarity and transparency to the delimitation process, ensuring that administrative actions are not arbitrary and align with democratic principles.
Bottom Line:
Judicial review of administrative actions in delimitation matters is permissible under limited scope; objections raised by residents must be considered by the competent authority with a reasoned and speaking order.
Statutory provision(s): Articles 226, 243ZG, 243K, 243ZA of the Constitution of India, Himachal Pradesh Panchayati Raj Act, Himachal Pradesh Municipal Act, Himachal Pradesh Municipal Corporation Act, Disaster Management Act, 2005.
Bal Krishan v. State of Himachal Pradesh, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2835927
