HIMACHAL PRADESH HC STRIKES DOWN LAST-MINUTE PANCHAYAT REORGANISATION, CANCELS VILLAGE’S INCLUSION IN DIFFERENT GRAM PANCHAYAT:

The Himachal Pradesh High Court has expressed serious concerns over the state government’s decision to undertake large-scale reorganisation of Panchayati Raj Institutions at a time when elections are constitutionally required to be held within a fixed timeline. The court observed that such last-minute exercises could lead to an adverse inference about the state’s intentions and might be viewed as a delaying tactic.

A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma made these remarks while hearing a writ petition challenging a notification that shifted Village Manlog Badog from Gram Panchayat Hanuman Badog to Gram Panchayat Darlaghat in Solan district. The judges noted that the five-year term of the existing Panchayati Raj Institutions had already expired, and the state was bound by constitutional mandates, as reinforced by various court rulings including those from the Supreme Court, to complete the election process by May 31, 2026. They questioned why the authorities were engaging in extensive reorganisation and ward delimitation so late, pointing out that such rushed actions often result in gaps or errors, whether intentional or unintentional that invite judicial scrutiny.

The petitioners, including the Nehru Yuva Club and Mahila Mandal of Manlog Badog, had challenged the notification issued on January 27, 2026. They argued that the village was geographically contiguous with Hanuman Badog, sharing strong social, economic, and daily connections. Shifting it to Darlaghat would cause significant inconvenience to residents. They also contended that objections raised by villagers against the proposed changes were not properly considered before the final notification was issued.

The state government defended the move, stating that it was carried out under Section 3(2) of the Himachal Pradesh Panchayati Raj Act, 1994, after inviting objections and taking into account factors like administrative convenience, geography, and public interest. Officials claimed that the reorganisation was necessary to comply with the election timeline and that objections had not been filed within the stipulated period.

However, the High Court found the decision flawed on multiple grounds. It observed that the reorganisation was not based on relevant considerations such as contiguity, actual distance, population, and public convenience. The court pointed out that the two villages were directly connected by a Panchayat Road, and the real distance between them was far shorter than what the state had claimed. The method used by the authorities to calculate distance was described as unreasonable and irrational, akin to measuring the short distance between Himachal Bhawan and Haryana Bhawan in Delhi by routing it through Connaught Place, or calculating the distance between Shimla and Solan via Bilaspur.

The bench further noted that population distribution did not support the change, as a relatively smaller village was being merged into a much larger panchayat without any logical basis. It also highlighted that the decision relied on outdated resolutions and representations, ignoring current ground realities and improved connectivity. Overall, the court concluded that the action of excluding Village Manlog Badog from Gram Panchayat Hanuman Badog and including it in Gram Panchayat Darlaghat was manifestly arbitrary, unreasonable, irrational, and contrary to the actual situation on the ground.

Addressing concerns about judicial interference in delimitation matters, the court referred to relevant Supreme Court precedents and clarified that while courts usually avoid intervening once the election process begins, they can step in at an appropriate stage when clear illegality or arbitrariness is evident. It emphasised that completely barring judicial review would leave citizens without any forum to address grievances, which would go against the court’s duty as a guardian of public interest and the principle of separation of powers.

The High Court also stressed the importance of Panchayati Raj Institutions as grassroots democratic bodies, where factors like local connectivity, social ties, and resident convenience must be given due weight. In view of these findings, the court set aside the notification dated January 27, 2026, to the extent that it excluded Village Manlog Badog from Gram Panchayat Hanuman Badog and included it in Gram Panchayat Darlaghat, along with all consequential delimitation changes. The state was directed to undertake a fresh exercise of reorganisation and delimitation strictly in accordance with the law.