Article 243-E at Centre of Panchayat Election Dispute in Himachal
The legal and political tussle over Panchayati Raj elections in Himachal Pradesh has reached the Supreme Court after the Himachal Pradesh High Court directed that the entire election process be completed by April 30, citing the constitutional mandate under Article 243-E.
Following the High Court’s order, the state government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the directions to hold the elections within the stipulated timeline. On Wednesday, the apex court raised certain objections to the SLP, according to sources.
Earlier, the High Court had clearly directed the state government and the State Election Commission to ensure that panchayat elections are conducted on time. The court stressed that Article 243-E of the Constitution makes it mandatory to hold elections to Panchayati Raj institutions before the completion of their five-year term, leaving little scope for administrative or executive discretion.
The High Court had also observed that orders issued under the State Disaster Management Act cannot override constitutional provisions. It held that while emergency laws may regulate administrative functioning, they cannot be used to postpone elections mandated by the Constitution.
According to sources, the state government is likely to argue before the Supreme Court that panchayat elections are conducted under the Himachal Pradesh Panchayati Raj Act, whereas the Disaster Management Act is a central legislation enacted by Parliament and is currently in force in the state. On this basis, the government may seek relief from the High Court’s deadline.
Meanwhile, the issue has also triggered sharp political reactions. BJP MLA Sudhir Sharma took a dig at the state government over the filing of the SLP seeking a stay on the panchayat elections. In a social media post, he questioned the move and accused the government of attempting to delay grassroots democracy.
With the matter now before the Supreme Court, the fate and timing of the Panchayati Raj elections in Himachal Pradesh will hinge on the apex court’s decision, even as Article 243-E remains at the heart of the legal dispute.
