Shimla, Jan 9 (PTI) The Himachal Pradesh High Court on Friday rejected the Sukhvinder Singh Sukhu government's plea seeking to defer elections to panchayati raj bodies by six months, and directed it to conduct the polls before April 30.
Disposing of the public interest litigation (PIL) filed by advocate Mandeep Chandel challenging the postponement of polls, a division bench of the high court comprising Justice Vivek Thakur and Justice Romesh Verma directed the Himachal Pradesh government and the state Election Commission to complete the entire election process by April 30.
Maintaining that the state has suffered extensive damage to public and private properties and roads, the state government had urged the state Election Commission to put the poll process on hold till the situation improved on the ground. The government also said that the Disaster Act is in force in the state.
However, the high court, after hearing the arguments for three consecutive days, directed the government to hold the elections before April 30.
Advocate Nand Lal, who represented the petitioner, said that the court fixed the deadline after considering that the board examinations would be held in schools in March and setting up polling booths would be impractical, and directed that elections must be completed before the end of April.
The state government pleaded that due to the recent disaster and logistical challenges, at least six months were needed to hold the elections, but the court did not accept the argument.
The state Election Commission also said postponing the elections further would create more difficulties, as census duties will begin in May and conducting elections during the monsoon months of July and August would be nearly impossible.
The five-year term of panchayati raj institutions will end on January 31, while the tenure of 50 urban local bodies will end on January 18. The state has 3,577 gram panchayats, 90 panchayat samitis, 11 zila parishads and 71 urban local bodies.
The opposition also criticised the deferment of polls and alleged that the government was avoiding and running away from facing the elections.
Meanwhile, reacting sharply to the high court order, Chief Minister Sukhu questioned the law under which the orders had been issued as the Disaster Act was in force in the state.
"Whether the Disaster Act has become infructuous and has no meaning, we will ask the court," he said, adding that it would have been better if the court had asked the government.
Sukhu alleged that many decisions of the high court have no legal interpretation. He said the question now is not about the panchayat elections but of legal interpretation of the Disaster Act enacted by the central government and whether it has any relevance.
He told reporters, "We will study the judgment and take appropriate action."
Sukhu said the panchayat elections in Shimla and some other areas were not conducted in December and January as scheduled due to snow while they were held in the lower areas.
Welcoming the verdict of the high court, Leader of Opposition (LoP) and former chief minister Jai Ram Thakur said that the state Congress government was fearing defeat and, therefore, was trying to postpone the panchayat elections.
The Congress party carries the Constitution throughout the country, pretending to save it but whenever the party gets a chance, it does not hesitate to violate the Constitution, he said in a statement issued here.
According to the Constitution, panchayat elections should be held in five years but the Congress government enforced the Disaster Act as an excuse to defer the elections, Thakur said, adding that even after seven months of monsoon disaster last year, roads have not been opened and water supply schemes have not been restored.
New municipal corporations, councils and committees were made but still elections were not held and an Act was changed to extend the term of mayor from two-and-a-half years to five years, the LoP maintained.
He said the government's arbitrary actions in the gram panchayat, municipal corporation and other local body elections make it clear that the government has no regard for any rules, regulations or the Constitution.
Terming the chief minister's reaction questioning the high court order as "ridiculous", he said that such statements do not befit those who are celebrating with disaster relief funds meant for disaster victims.