Why Did the Himachal High Court Reject the Government's Request for More Time?
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Shimla, Jan 9 (NationPress) In a significant blow to the Himachal government, the High Court on Friday denied its request for additional time due to the ongoing reconstruction efforts after recent natural disasters. The court mandated that elections for Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) must be conducted by April 30.
In resolving a petition that contested the government's decision to delay the elections for six months, a Division Bench composed of Justices Vivek Thakur and Romesh Verma instructed the State Election Commission and the government to complete all necessary preparations by February 28.
Despite the government's assertion that the “extensive damage to private and public property” throughout the last monsoon has resulted in losses exceeding Rs 10,000 crore, rendering the administrative machinery incapable of facilitating elections, the court remained firm.
In October, the government had directed the State Election Commission to suspend the electoral process “until conditions improve on the ground,” citing blocked rural roads and other logistical challenges.
During the hearings, the Bench acknowledged logistical complications arising from school Board examinations in March and the National Census in May.
The court's directive came while addressing a Public Interest Litigation (PIL) filed by advocate Mandeep Chandel that contested the proposed election postponement.
The state government, referring to the severe damage inflicted by recent natural disasters and the activation of the Disaster Management Act, had requested the court to delay the elections.
They claimed that conducting elections under the current circumstances would be impractical and sought a six-month extension. However, the court did not accept this rationale.
Advocate Nand Lal, representing the petitioner, pointed out to the court that holding elections during the school examination period would be unfeasible due to the use of school facilities as polling stations.
The court took this into account while determining the new deadline. The existing five-year term for PRIs is set to expire on January 31, while the terms for 50 ULBs will end earlier, on January 18.
Previously, Chief Minister Sukhwinder Sukhu clarified that panchayat elections were not canceled but postponed. He emphasized that the government would conduct them after addressing the disaster, as relief and rescue operations are being hampered by election preparations.
“This time has witnessed greater devastation than in 2023. We are still working to restore connectivity to the panchayats. Our primary duty is to resettle the impacted families. Disbursing relief funds to those whose homes were destroyed, along with livestock and farmland swept away, is a priority,” an official statement quoting the Chief Minister stated.
However, Leader of Opposition Jairam Thakur accused the government of avoiding elections out of fear of losing.