The Himachal High Court has stayed the notification of the state government in which the Panchayats in Keylong and Pangi were dissolved before their tenure. The court has allowed the elected representatives to continue in office until further orders.
Shimla (Himachal Pradesh) [भारत]July 1 (ANI): The Himachal Pradesh High Court has stayed the implementation of the state government’s notification under which several Panchayati Raj Institutions (PRIs) were dissolved in the tribal areas of Keylong in Lahaul and Spiti district and Pangi in Chamba district. After this order of the court, the elected representatives will remain on their posts till further orders.
A division bench of Chief Justice GS Sandhawalia and Justice Bipin C Negi passed the interim order while hearing petitions challenging the state government’s June 24 notification. Through this notification, the existing Gram Panchayats, Panchayat Committees and District Councils in both the tribal areas were dissolved even before the completion of their five-year tenure. The High Court held that the petitioners have an inherent right to complete their constitutional tenure and directed that they and other similar elected representatives be allowed to serve until further orders.
Why did the controversy arise?
The controversy started when the State Election Commission, following the directions of the Supreme Court, held fresh Panchayati Raj elections in Keylong and Pangi on May 26, 28 and 30, 2026. The Supreme Court had directed to complete the election process by May 31, 2026. However, the current elected body, which assumed office after elections held in October 2021, was originally scheduled to complete its five-year term on October 17, 2026.
To remove this overlap of tenure between the existing and newly elected bodies, the state government issued a notification on June 24, 2026. In this, using Section 120 (4) of the Himachal Pradesh Panchayati Raj Act, the existing local bodies were dissolved with immediate effect and the first meeting of the newly elected representatives was called on June 27, 2026, before October 18.
Arguments from both sides in court
Advocate Vinay Sharma, appearing for the petitioners, argued that Article 243E of the Constitution guarantees a tenure of five years to every Panchayat from the date of its first meeting and the tenure of an elected body cannot be reduced with retrospective effect through any subsequent legislative amendment.
Additional Advocate General Gobind Korla, appearing for the state government, defended his decision by citing Section 120(4) inserted through the Himachal Pradesh Panchayati Raj (Amendment) Act, 2026. The state argued that the tenure of panchayats formed later due to force majeure or election boycott should also be at par with that of panchayats in the rest of the state, where elections were held in January 2021. However, the petitioners argued that this amendment came into force in January 2026, and it cannot be applied retrospectively to reduce the tenure of representatives elected in 2021.
High Court’s comments and orders
After hearing both the sides, the High Court said that the petitioners have prima facie proved their case and the action of the government appears to deprive the elected representatives of their inherent right to complete their tenure. The bench also said that the matter involves wider public interest and the change made in the election schedule by the state has adversely affected the petitioners.
As a result, the High Court stayed the operation of the notification dated June 24 and directed that the petitioners and other similarly situated elected representatives be allowed to continue in office until further orders. The next hearing of the case will be on August 12, 2026. (ANI)
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