Explainer: Why HP panchayat poll has sparked a row

THE issue of holding elections to panchayati raj institutions (PRIs) and urban local bodies in Himachal Pradesh in the stipulated timeframe has resulted in a major showdown between the State Election Commission (SEC) and the Congress-led state government.

On October 8, an order was issued deferring the PRI polls under the Disaster Management Act. Chief Minister Sukhvinder Singh Sukhu said the elections would be conducted the moment road connectivity is restored and the Act gets lifted. He admitted that holding polls was not the priority of the government as undertaking restoration and relief works was far more important.

Elections to the 3,577 gram panchayats, over 80 Panchayat Samitis and 12 Zila Parishads are scheduled for December-January.

Article 243K of the Constitution provides that the superintendence, direction and control of the preparation of electoral rolls for the conduct of elections to the panchayats vests with the State Election Commission.

The SEC had issued a revised schedule for collecting ballot papers and poll material on November 22.

Further complicating matters, the Cabinet, at its meeting on November 24, gave the nod for reorganisation of the panchayats, notwithstanding the November 18 order of the SEC freezing the boundaries of the panchayats and urban local bodies.

The deferment of the PRI polls has been challenged in the High Court, where the matter will come up for hearing on December 22.

Why the reluctance

Panchayati Raj Minister Anirudh Singh told the Vidhan Sabha that the expenditure to be incurred on PRI polls would be at least Rs 100 crore, besides the requirement of deputing 45,000 polling staff to manage 21,147 booths and 10,000 security personnel. He said elections will be held as per the 2011 census and the 2010 roster was being reviewed.

As the conduct of polls on schedule is constitutionally binding, the state government took the plea that road connectivity in many parts of Himachal was yet to be restored after the damage in the monsoon fury, which could prevent eligible voters from casting their vote. It was conveyed to the SEC that the elections would be held as and when the situation returns to normal.

The move drew sharp criticism from the Opposition, which had been accusing the Congress regime of trying to find ways to postpone the elections for fear of defeat. The BJP forced the government to hold a debate on the issue by adjourning all other business on the opening day of the winter session of the Vidhan Sabha at Dharamsala.

Poll panel stance

The SEC on November 18 ordered the freezing of boundaries of panchayats and urban local bodies. The order, issued under the Himachal Pradesh Panchayats and Municipalities Model Code of Conduct, 2020, debarred any changes in the structure, classification or area of the panchayats and municipalities till the completion of the election process.

State Election Commissioner Anil Khachi, in an unprecedented move, even knocked at the doors of the Raj Bhavan. This prompted Governor Shiv Pratap Shukla to state that elections must be held on time and there should be clarity as conflicting statements were being made.

A terse letter by the SEC on November 17 clarified its constitutional obligation of ensuring timely conduct of elections. To drive home its point, the SEC pointed towards the holding of melas, normal running of educational institutions and other functions taking place.

“Article 243E(3)(a) of the Constitution provides that an election to constitute a panchayat shall be completed before the expiry of its duration,” the letter addressed to the Chief Secretary read. The SEC requested the state government to withdraw the October 8 order for deferment of polls, issued under the Disaster Management Act.

As the Congress and the BJP exchanged barbs on the issue, the ruling party accused the Opposition of delaying polls to the Shimla Municipal Corporation by eight months during the previous Jai Ram Thakur regime. Elections had been postponed on varied grounds earlier too, the party claimed.