DIKKEN KUMAR THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners have approached this Court in public interest for issuance of directions to the respondents to conduct elections and complete the election process before expiry of term of Panchayati Raj Institutions in the State of Himachal Pradesh, as provided under Article 243E of the Constitution of India, seeking the following substantive reliefs: -

(2.) Vide Notification dtd. 17/11/2025 (Annexure R-2/12) by By invoking powers conferred under Article 243K(1) and 243ZA(1) of the Constitution of India, Sec. 161 of the Himachal Pradesh Panchayati Raj Act, 1994 (in short 'PR Act'), Sec. 281(1) the Himachal Pradesh Municipal Act, 1994 (in short 'MC Act'), Sec. 9(1) of the Himachal Pradesh Municipal Corporation Act, 1994 (in short 'Corporation Act') read with first proviso of Clause 2.1 of the Himachal Pradesh Panchayats and Municipalities Model Code of Conduct, 2020, Clause 12.1 of Model Code of Conduct, 2020, was enforced with immediate effect throughout the State of Himachal Pradesh by State Election Commission which reads as under:-

(3.) It is undisputed that terms of Panchayati Raj Institutions in Himachal Pradesh are going to expire on 31/1/2026, as also evident from Notification dtd. 17/11/2025 (Annexure R-2/12). It has been further notified in this notification that delimitation of Panchayati Raj Institutions in respect of 3577 Gram Panchayats, 90 Panchayat Samitis, 11 Zila Parishads and 71 Urban Local Bodies, has been completed and stands finally notified with further declaration that electoral rolls of 3548 Gram Panchayats and 70 Urban Local Bodies ('ULBs') have been finally prepared after following due process of law and, electoral rolls of 29 Gram Panchayats and one ULB is scheduled to be finalized on 1/12/2025 and 7/12/2025, respectively.