State Election Commission Cannot Act Unilaterally When Polls Are Deferred Under Disaster Management Act; HP High Court
The Himachal Pradesh High Court has held that the Election Commission cannot act unilaterally when elections are deferred under the powers exercised by the State Government under the Disaster Management Act, 2005.
Thus, the Court quashed the final notification constituting Nagar Panchayat Swarghat and directed reconsideration of objections raised by affected residents through a reasoned and lawful process.
A Division Bench of Justice Vivek Singh Thakur and Justice Romesh Verma remarked that: “A tug of war is going on between the State Election Commission and the Government… The State Election Commission cannot thrust upon its decision by issuing notification dated 17.11.2025, when elections have been deferred in exercise of powers under the Disaster Management Act, 2005.”
The petitioners, residents of Gram Panchayats, approached the High Court challenging the inclusion of their Panchayats in the newly formed Nagar Panchayat Swarghat.
They contended that even though they filed objections within time, the State proceeded to issue the final notification without properly deciding them.
On examining the record, the Court found that while objections were recorded and forwarded, no reasoned decision was ever passed by the Secretary (Urban Development), who was the competent authority.
Instead, the objections were forwarded to the Council of Ministers as if they had already been decided. Therefore, the Court stated that “An impression was created that objection had been considered and decided by the Competent Authority and on the basis of the said information, the proposal was approved.”
Thus, the Court remarked that as the foundation of the decision-making process was flawed, the matter required reconsideration.
Therefore, they directed the Secretary (Urban Development) to reconsider the objections and pass a reasoned order.
Case Name: Bal Krishnan & others v/s State of H.P. and others
Case No.: CWP No.2906 of 2025
Date of Decision: 18.12.2025
For the Petitioner: Mr. Ashok Kumar, Advocate.
For the Respondent: Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Pawan Kumar Nadda, Additional Advocates General