Himachal Pradesh High Court Criticizes State Government's Panchayat Reorganisation
The Himachal Pradesh High Court delivered a sharp rebuke to the state government on Tuesday, condemning its recent reorganisation of panchayati raj institutions (PRIs) as arbitrary and potentially an election-delaying maneuver. A division bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma expressed strong disapproval of the government's actions, particularly given that the five-year term of PRIs in the state had already expired on January 31.
Court Questions Timing and Intent Behind Reorganisation
The bench emphasized its confusion over the government's priorities, stating, "It is also apt to record that we fail to understand that when the five years' term of PRIs already expired and respondents are bound by the mandate of the Constitution, reiterated by courts, including the apex court, with direction to complete the election process latest by May 31, then why respondents are venturing into large-scale reorganisation and constitution of wards/PRIs, which was not done on time."
While disposing of a petition challenging the reorganisation, the court warned that such commission on the part of the state government might lead to adverse inferences about its intentions. The bench underlined, "Respondents, the state, should not undertake such exercise, which may be considered a delaying tactic or procrastination, as due to paucity of time, decisions taken in haste are leaving lacunae, intentional or unintentional, warranting scope of interference in judicial review."
Specific Notification Set Aside in Solan District
These observations came as the court set aside a January 27 notification that transferred Manlog Badog village from Hanuman Badog gram panchayat to Darlaghat gram panchayat. Both villages are located in Solan district. The notification, which aimed at reorganising and delimiting the two gram panchayats, was challenged for its questionable basis.
The court highlighted that the state government's sole justification—the distance between villages—completely ignored critical factors such as:
- Geographical location
- Contiguity between areas
- Population considerations
Reorganisation Based on Outdated Information
Adding to the controversy, the court revealed that the reorganisation was reportedly based on a request made over ten years ago. This occurred despite significantly improved connectivity between the two villages in the interim period through new panchayat roads. The bench termed this action "manifestly arbitrary, unreasonable, and irrational," emphasizing that the state's approach neglected current ground realities.
Court Issues Directives for Timely Action
In its final directives, the court ordered state authorities, particularly the Sub-Divisional Magistrate (SDM) of Arki, to issue the necessary notification regarding the constitution and delimitation of gram panchayats Hanuman Badog and Darlaghat within five days. This move aims to ensure proper administrative boundaries are established without further delay.
The court's strong language and decisive action underscore the importance of timely and rational governance decisions, particularly when they affect democratic institutions like panchayati raj bodies. The ruling serves as a reminder that administrative reorganizations must be based on current realities rather than outdated requests, especially when they risk delaying essential democratic processes.
