Decks Cleared For PRI, Urban Bodies Polls In Himachal Pradesh

Decks have finally been cleared on holding elections to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) in Himachal Pradesh, months after the government dithered to fulfil constitutional obligations to grass-root democracy in the state, known for its remotely located and topographically challenging terrain.

Three days back, the Supreme Court granted major relief to the Congress government, modifying the High Court order on conducting the elections to PRIs and urban local bodies by March 31.

The Supreme Court partially allowed a Special Leave Petition (SLP) filed against the High Court orders, asking them to hold the elections by April 30.

The roster for the reservation of the wards, earlier slated to be finalised by February 28, should be released by March 31 to form the basis of holding the polls smoothly, the Court ordered.

The Apex Court clearly told the government, “Keeping in mind the onset of the monsoon and the difficulties it brings in the region, no further request for extension of time will be entertained ”.

Earlier, the State Election Commission and the government were at loggerheads over the PRI and ULB poll, with the latter insisting that, after it had invoked the Disaster Management Act following the worst-ever monsoon rains, flash floods, and disruption of the road network, holding elections was impossible, rather than remaining deferred indefinitely.

The government's stand was challenged in the state court through a PIL questioning the intentions of the government and taking shelter under the Disaster Management Act 2005.

The PIL also highlighted that the term of the PRIs ended on January 31 and that both the state government and the Election Commission were constitutionally bound to conduct elections within six months of the term’s expiry

The government, in its response, had asked for six months to complete the process of the elections.

The state had argued before the court that widespread damage to infrastructure due to recent natural disasters and the enforcement of the Disaster Management Act warranted postponement. 

The Disaster Management Act 2005 is a law that takes precedence over all other functions, ensuring the effective management of disasters and large-scale calamities.

On January 9, the High Court, in its order, rejected the plea of the government seeking a six-month deferment of the elections and directed that the polls be completed by April 30.

However, the state government approached the Supreme Court, contending that the deadline set by the High Court for publishing the reservation roster was insufficient to complete the exercise and could potentially jeopardise the election process.

Now, following the Supreme Court order, the election process can begin, even though the major hurdle of time-bound delimitation of the panchayats and local bodies is likely to create uncertainties.

The State Election Commissioner, Anil Khachi, says, “From our side, the process of holding the elections and all preparations are in place. We had conveyed this to the state high court as well as to Governor Shiv Pratap Shukla. But it will depend on how much cooperation the government machinery extends to the commission, a constitutional body.

The Deputy Commissioners and local SDMs have to complete the process for the reorganisation of the boundaries of the panchayats and ULBs and the reservation roster.

“Well, if the state government wants to delay the poll, it can very much do so on the pretext of draft publication of the voters' lists or pendency of delimitation or reconstruction work,” said an a  state Election Commission official. 

Moreover, the Disaster Management Act remains in force and has not yet been revoked.

Earlier, the roster was scheduled to be released by February 28, but now, as per the directions of the Supreme Court, it will be finalised by March 31.

The work of printing copies of voter lists ward-wise has been completed in eight districts of the state, while this process is going on in the remaining four districts. Reorganisation of Panchayats has also been approved by the state cabinet, and it is being implemented rapidly, said an official of the Panchayati Raj department, asserting that the government has never refused to hold the poll.

“Our stand has been related to the Disaster Management Act 2005 and the competition of the process for refining/remarking the boundaries of the new panchayats, which takes time, and there is a legal time frame for that,” says Anirudh Singh, minister for rural development and Panchayati Raj.

He indicated that now that the budget session of the state assembly has been convened from February 16, which will also witness a discussion on the Revenue Deficit Grant (RDG) issue, the government will take a call on issuing the notification for Panchayat elections only after the session.

The leader of the opposition, Jairam Thakur, strongly doubts the intentions of the government in holding the PRI and ULB polls. “The very fact that Chief Minister Sukhwinder Singh Sukhu himself says that the Disaster Management Act 2005 gives the government sweeping powers to defer polls shows he is not in favour of elections, fearing a rout of the party before the 2027 assembly polls,” he maintains.

Thakur also asserts that the Apex court has remarked that the pendency of delimitation or reconstruction work cannot be used as a reason to indefinitely delay elections.

Himachal Pradesh has 3,577 gram panchayats, 90 panchayat samitis, 11 zila parishads, and 71 urban local bodies, all of which are now required to go to the polls within the revised timeline.

Although panchayat elections are not conducted using party emblems, political parties put up high stakes on them, and the elections of panchayat pradhans, up-pradhans, and chairpersons of Zila Parishads are meant to demonstrate their strength. The elections to PRIs and ULBs will be held just a year before the state assembly polls, so the government will have a lot at risk, keeping in view the pattern of the past elections alternating between the BJP and the Congress every five years. 

In the upcoming PRI elections, the government has proposed barring any candidates from contesting if they are connected to drug trafficking cases or involved in any drug-related activities. The issue has emerged as a serious challenge in the state.