HP Advocate General Anup Rattan challenges the High Court's order for Panchayati Raj polls by April 30. He argues the interpretation of Article 243E is incorrect, citing delays from delimitation appeals and the need for due process.
Stating that the interpretation of recent court orders on Panchayati Raj elections was not correct, Himachal Pradesh Advocate General Anup Kumar Rattan on Friday said that Article 243E of the Constitution and the provisions of the Himachal Pradesh Panchayati Raj Act clearly provide a defined time frame for completing the electoral process. "The interpretation of the orders is not right as per Article 243E of the Constitution and the Panchayati Raj Act of Himachal Pradesh, and this can be challenged," Rattan said while addressing the media after the High Court pronounced its verdict directing the completion of the Panchayati Raj election process by April 30.
AG Outlines State's Position
Explaining the State government's stand before the court, the Advocate General said the election process had already been initiated earlier. He informed that 42 gram panchayats were restructured, new gram panchayats and municipal bodies were constituted, and substantial steps in the process had been completed.
Rattan said the delay occurred primarily due to pending appeals related to delimitation before the Divisional Commissioner's court, as well as a separate petition filed by Devender Negi. On that petition, the High Court had directed the State to restart the process while adhering to the prescribed procedure, including inviting and hearing objections. He added that, as per court directions, local urban bodies were also reorganised. Challenges were raised in areas such as Una, Nadaun and Baddi, where certain gram panchayats were merged into municipal councils or panchayat samitis. The process in these areas, he said, had already been initiated by December 2024, and the government had no intention to delay the elections.
Legal Arguments and Constitutional Mandate
"The time sought by the government was only to ensure that objections were invited, heard, and disposed of properly. This process was to be completed after the final publication by February 24, 2026," the Advocate General said.
Rattan further stated that the State had sought time up to March 2026 to complete the reservation roster, but the High Court had granted only four days for completing certain remaining formalities. He also pointed out that there exists another High Court order that provides a three-month period for publication of lists in the public domain.
Referring to the enforcement of the Disaster Management Act, Rattan said it had been imposed on October 8, 2025, which also impacted the administrative timeline. However, he emphasised that Article 243E mandates a five-year tenure for elected panchayats and allows a maximum period of six months to complete the election process in case of dissolution.
"The State is committed to completing the process, but the legal interpretation of timelines and constitutional provisions needs to be correctly appreciated," he said, adding that the interpretation of the present order could be examined further through appropriate legal remedies. (ANI)
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