Arbitrary: Himachal HC quashes Shimla Zila Parishad ward delimitation

The High Court has quashed the amendment to Rule 9(2) of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994, along with the consequential notifications governing the delimitation of wards for the Zila Parishad, Shimla. The court held that the exercise was arbitrary, unconstitutional and marked by non-application of mind.

A Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma delivered the judgment while hearing a petition challenging the amendment issued on May 1 and the delimitation notification dated May 31, relating to the restructuring of Zila Parishad wards in Shimla district. The petitioner had also sought directions to conduct elections to the Zila Parishad based on the pre-amendment delimitation and within the constitutionally mandated timeframe.

While striking down the notifications, the Bench observed: “The proposal for inserting a proviso to Rule 9(2), approved by the Council of Ministers, indicates non-application of mind — not only at the time of amending Rule 9(2) but also at the stage of proposing and approving the proviso. The amended provision and the approved proviso are mutually destructive and nullify each other. Instead of inserting a proviso, the amendment to Rule 9(2) should have been reversed. The amended rule states that the Panchayat Samiti area shall not be transgressed and shall form the unit for Zila Parishad wards, whereas the approved proviso allows transgression and bifurcation of the same area at the discretion of the Deputy Commissioner. Such arbitrariness is evident on the face of the amended provisions and bears no nexus with the objectives of the Constitution or the Panchayati Raj Act and Rules.”

The court also noted the ongoing conflict between the state government and the State Election Commission — particularly the Chief Secretary’s order issued on October 8, under the Disaster Management Act, directing that Panchayati Raj elections be held only after restoration of road connectivity and the Election Commission’s notification of November 17, which was allegedly issued in disregard of this directive.

Setting aside the amendment, the HC directed the respondents and competent authorities to initiate fresh steps in accordance with law for lawful delimitation and timely conduct of elections.