HP HC Stays DCs' 5% Quota Power in Panchayat Polls, Cites Constitution

The Himachal Pradesh High Court has stayed the state government's decision to grant Deputy Commissioners (DCs) 5% reservation powers in Panchayat elections, deeming the provision prima facie unconstitutional and a violation of Article 243(d).

In a major setback to the Himachal Pradesh government, the High Court on Monday stayed the powers granted to Deputy Commissioners (DCs) to reserve 5% of seats in Panchayat elections, observing that the provision was prima facie unconstitutional.

A division bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma ruled that any reservation roster prepared using these powers would also remain stayed. The court directed all DCs to finalise and implement the reservation rosters for Panchayat elections by 5 PM on April 7 without fail. The detailed order is awaited.

Legal Challenge and Constitutional Violation

Advocate Nand Lal, appearing for the petitioner, termed the amendment arbitrary and beyond the competence of the state government. "The tenure of Panchayats had already ended on December 31. We filed the petition challenging the government's move to grant 5% reservation powers to DCs. The High Court has stayed the provision and directed that fresh rosters be issued by April 7," he said.

He further added, "The government had notified amendments to the Panchayati Raj Rules on March 30, empowering Deputy Commissioners to reserve 5% seats. This was a clear violation of Article 243(d) of the Constitution, which governs reservation in Panchayati Raj institutions."

Impact on Election Roster

According to the court's directions, reservation rosters issued in districts such as Kullu, Shimla, Mandi, Kangra and Hamirpur may now have to be redrawn if they included the stayed 5% quota. Elections are scheduled to be held in over 3,600 Panchayats and 73 urban local bodies across the state before May 31. While reservation rosters for urban local bodies have already been issued, Panchayat rosters are still awaited in several districts.

Political Reactions

Government's Stance

Panchayati Raj Minister Anirudh Singh said the government would abide by the court's directions. "We respect the judiciary, and the High Court order will be implemented," he said.

Opposition's Response

Leader of the Opposition Jai Ram Thakur welcomed the verdict, terming it an embarrassment for the government. He accused Chief Minister Sukhvinder Singh Sukhu of attempting to influence Panchayat elections through unconstitutional measures. "The High Court has struck down the government's decision to grant 5% quota powers to DCs and ordered the issuance of a fresh roster. This move was a violation of Article 243(d) of the Constitution," Thakur said.

Background of the Election Timeline

The tenure of Panchayati Raj institutions in Himachal Pradesh ended on December 31, 2025, prompting the need for fresh elections. The state government had issued a notification on March 30, 2026, amending rules to empower DCs to reserve 5% seats in Panchayat elections. The move was challenged in the High Court by petitioner Dikan Kumar.

Earlier, the matter had reached the Supreme Court, which extended the timeline for conducting Panchayat elections for one month first to complete the process by March 31 and subsequently to conduct polls by May 31, 2026, while directing the state to complete all election-related processes within the stipulated period. The High Court has now mandated that reservation rosters be finalised by April 7, failing which the election schedule could be impacted. (ANI)

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