Himachal Pradesh High Court Stays Suspension of Pradhan Amid Delays

Court Criticizes Delay in Appeal Process, Allows Petitioner to Resume Duties

In a significant ruling, the Himachal Pradesh High Court has stayed the suspension of Kanto, the elected Pradhan of Gram Panchayat Dand, Development Block Salooni, District Chamba. The suspension, originally imposed by the District Panchayat Officer on July 19, 2025, was challenged by Kanto through an appeal. The court's decision highlights concerns over procedural delays in handling such appeals, particularly when they occur at the end of an elected official's tenure.

Presiding over the case, Justice Ajay Mohan Goel scrutinized the delay in deciding the appeal filed by Kanto under Section 148 of the Himachal Pradesh Panchayati Raj Act, 1994. Despite arguments being heard on August 21, 2025, the final decision was postponed to December 4, 2025, due to the Deputy Commissioner's involvement in emergency operations in the disaster-struck Bharmaur sub-division. The court noted that the postponement was ordered by the Reader of the Appellate Authority, who lacked the legal authority to pass orders or fix hearing dates, marking a procedural anomaly.

The court emphasized that such undue delays in hearing appeals defeat their purpose, especially when elected officials are suspended close to the end of their terms. Justice Goel expressed concern over the trend of suspending Gram Panchayat Pradhans at the fag end of their tenure, a practice that raises questions about administrative fairness.

Furthermore, the court criticized the insensitivity of the Appellate Authority towards Kanto's situation, particularly given the proximity of her term's conclusion in December 2025. The judgment underscored the necessity for expeditious resolution of appeals to prevent elected officials from being unfairly disadvantaged.

As a result, the High Court has directed that until the appeal is decided, Kanto shall continue performing her duties as Pradhan. The operation of the suspension order dated July 19, 2025, is stayed, allowing her to resume her responsibilities immediately. The court's decision sends a clear message about the importance of timely adjudication in administrative appeals, particularly those affecting elected representatives.

Bottom Line:

Suspension of elected Pradhan of Gram Panchayat at the fag end of their tenure raises concerns, and the Appellate Authority must decide appeals expeditiously to avoid undue delays that defeat the purpose of filing appeals.

Statutory provision(s): Himachal Pradesh Panchayati Raj Act, 1994 Section 148

Kanto v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2784109