2026 Supreme(HP) 500

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Romesh Verma, JJ.
Dikken Kumar Thakur & Anr. - Petitioners
Versus
The State of Himachal Pradesh & Ors. - Respondents
CWPIL No.115 of 2025
Decided On : 09-01-2026

Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumstances, requiring state cooperation with Election Commission.

Headnote:(A) Constitution of India - Articles 243E, 243K, 243ZA - Panchayati Raj Institutions - Duration of Panchayats - Mandatory to complete elections before expiry of five-year term as per Article 243E(3)(a) - Exception for reconstitution within six months post-dissolution - State Election Commission has superintendence, direction and control over elections - Statutory order under Disaster Management Act, 2005 postponing elections due to calamities cannot override constitutional mandate - Administrative delays in delimitation, reservation roster not justification for deferral - Directions issued to complete processes by 28.02.2026 and elections by 30.04.2026. (Paras 54-72)

(B) Disaster Management Act, 2005 - Sections 24, 72 - Powers of State Executive Committee - Limited to disaster response; cannot supersede constitutional election machinery - No material justifying continued impact of calamities on elections - Executive must cooperate with Election Commission. (Paras 58-60)

(C) Panchayati Raj Act - Sections 120, 128, 140 - Deemed dissolution on term expiry - Administrator appointment permissible only for up to six months pending reconstitution - No right to routinely defer elections post-expiry. (Paras 54-57)

Facts of the case:
Public interest petition seeking mandamus for conducting elections to Panchayati Raj Institutions before expiry of five-year term on 31.01.2026. Delays attributed to delimitation, reservation, court orders quashing certain notifications, monsoon calamities, and order postponing elections until road restoration. State Election Commission ready with electoral rolls and materials, but state officials obstructed process.

Findings of Court:
State Election Commission, Panchayati Raj and Urban Development Departments, and disaster authority directed to coordinate and complete delimitation/reservation by 28.02.2026; elections within eight weeks thereafter, by 30.04.2026. Existing processes to proceed without fresh delimitation where possible.

Issues: Whether elections mandatory before term expiry despite calamities and administrative delays; validity of postponement order under Disaster Management Act; interplay between constitutional election mandate and statutory disaster powers.

Ratio Decidendi: Constitutional provisions prevail over statutes; election process under superintendence of State Election Commission mandatory before term expiry unless exceptional circumstances proven - delays from unilateral executive actions, minor pending delimitations not exceptional; harmonious coordination required among state organs.

Result: Petition disposed of with time-bound directions for elections.