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Himachal High Court orders Panchayat elections before April 30, says disaster law cannot override the Constitution.

The Himachal Pradesh High Court on Friday directed the State Election Commission to conduct elections to the Panchayati Raj Institutions at the earliest and in any case before April 30, ruling that elected local bodies cannot continue beyond their five-year constitutional term due to administrative delays or disaster-related orders. A Division Bench of Justice Vivek Singh Thakur and Justice Romesh Verma passed the order while hearing a public interest litigation filed by Dikken Kumar Thakur and another petitioner, who argued that extending the tenure of PRIs beyond January 31 would violate Article 243-E of the Constitution. The petitioners also sought immediate notification of the election schedule and timely completion of the electoral process.
The state government defended the delay by citing an October 8, 2025 order of the State Disaster Management Authority following severe monsoon damage, including cloudbursts, floods and landslides that resulted in 270 deaths and losses exceeding Rs 5,400 crore. The government contended that elections should be held only after full restoration of road connectivity.
Rejecting this reasoning, the Court held that the Disaster Management Act, though a special law, cannot override constitutional provisions or the authority of the State Election Commission. It noted that normal conditions had largely returned, public events were being conducted, and there was no justification for a blanket postponement of elections.
The Bench also dismissed the government’s reliance on pending delimitation, litigation over reorganisation of local bodies and amendments to election rules, observing that delimitation is an ongoing process and cannot be used to delay constitutionally mandated elections. It further pointed out that previous elections were conducted based on the 2011 Census and the same could continue if required. Citing Supreme Court rulings in Kishansing Tomar, Suresh Mahajan and Rahul Ramesh Wagh, the Court reaffirmed that elections to local bodies must be completed before the expiry of their term and cannot be stalled by administrative or legislative delays.
Emphasising that the State Election Commission is an independent constitutional authority, the Court directed the state government to provide full cooperation, staff and logistical support. It also took note of reports that some district officials were instructed not to collect election material despite Commission orders, describing such conduct as harmful to the constitutional process.
While acknowledging practical challenges such as examinations and Assembly sessions, the Court made it clear that elections cannot be postponed indefinitely. It directed the Election Commission, Panchayati Raj Department and the state government to coordinate and finalise a concrete plan to hold the elections expeditiously, preferably by April 2026 and in any case before April 30, 2026. Disposing of the petition, the Court reaffirmed that grassroots democracy cannot be suspended except in the rarest circumstances and that constitutional timelines must be strictly followed.



