Himachal High Court Rules Panchayat Delimitation Without Procedures 'Illegal'
The Himachal Pradesh High Court declared the delimitation of Gram Panchayats without statutory adherence as illegal, setting key directives for upcoming panchayat elections. The court emphasized strict compliance with the Panchayati Raj Act and invalidated any delimitation exercises post-February 13 that ignored procedural requirements.
- Country:
- India
In a pivotal ruling, the Himachal Pradesh High Court has deemed the delimitation of Gram Panchayats conducted without following mandated statutory procedures as 'patently illegal'. The decision comes as the state gears up for its panchayat elections.
Justices Vivek Singh Thakur and Ranjan Sharma, presiding over a Division Bench, resolved multiple petitions, including Mahila Mandal of Village Umri vs State of HP, reinforcing the necessity for adherence to the Himachal Pradesh Panchayati Raj Act of 1994 and its accompanying rules.
The court stressed the obligatory nature of the delimitation process, highlighting the use of 'shall' in the Election Rules as demonstrating binding legislative intent. It laid out the procedural timelines mandated by the rules and nullified any delimitation post-February 13 that failed to comply, mandating elections be held under previous boundaries.
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