Setback to Sukhu government: Himachal High Court restores dissolved panchayat bodies in Lahaul-Spiti, Pangi

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In a setback to the Sukhvinder Singh Sukhu-led dispensation, the Himachal Pradesh High Court has stayed the state government’s decision to prematurely dissolve Panchayati Raj Institutions (PRIs) in the tribal areas of Lahaul-Spiti and the Pangi sub-division of Chamba, holding that that the move prima facie curtailed the constitutionally protected five-year tenure of elected representatives.A Division Bench headed by Chief Justice Gurmeet Singh Sandhawalia on June 30 ordered a stay on the notification dated June 24, 2026 dissolving Gram Panchayats, Panchayat Samitis and Zila Parishads in Keylong subdivision of Lahaul-Spiti and Pangi. The bench, also comprising Justice Bipin Chander Negi, fixed the next hearing for August 12.The court was hearing a writ petition filed by Deepak Chauhan and other elected panchayat representatives challenging the state government’s notification issued under Section 120(4) of the Himachal Pradesh Panchayati Raj Act, 1994, read with Article 243E of the Constitution, through which the PRI bodies were dissolved with immediate effect.Also Read | Spiti’s seabuckthorn, Kinnauri apple and topi among 8 Himachal products to get GI tagThe petitioners contended that their tenure was legally scheduled to continue until October 17, 2026, as the Panchayati Raj Institutions in these tribal areas were elected in October 2021, several months after the rest of the state due to local circumstances. They argued that although fresh panchayat elections were conducted on May 26, 28 and 30, this year pursuant to directions of the Supreme Court, the newly elected bodies could not assume office before the expiry of the existing panchayats’ constitutional tenure.According to the petitioners, the state itself had initially acknowledged this position through a notification dated June 6, 2026, fixing the first meetings of the newly elected panchayats on October 18, 2026. However, the government subsequently modified the notification on June 24 and advanced the first meetings to June 27, 2026, effectively dissolving the existing elected bodies nearly four months before completion of their term.The State defended its decision by relying on Section 120(4) of the Himachal Pradesh Panchayati Raj Act, inserted through an amendment that came into force on January 9, 2026. The provision stipulates that where panchayat elections are delayed due to force majeure, public boycott or similar circumstances, their tenure would run concurrently with panchayats in the rest of the state.The government argued that while panchayat elections across Himachal were held in January 2021, elections in Lahaul-Spiti and Pangi were conducted in October that year. Therefore, the provision permitted synchronising the tenure of these panchayats with those elsewhere in the state. Rejecting the state’s preliminary justification, the Court observed that the amendment was enacted in January 2026 and could not retrospectively curtail the vested right of elected representatives to complete their constitutionally guaranteed five-year term.Story continues below this ad“We are of the considered opinion that the petitioners have a vested right. Therefore, the dissolution as per the notification dated June 24, 2026, suffers from a defect, as the rights of the petitioners to hold office and of other similarly situated persons cannot be taken away,” the Bench observed.The court further observed, “The issue involves a larger public interest also”. It said that the State had itself issued a notification on June 6 this year fixing October 18 for the first meeting of the newly elected panchayats. However, it later modified the notification on June 24 and advanced the first meetings to June 27, “effectively ending the tenure of the existing Panchayats months ahead of schedule”.“In view of the above, we are constrained to stay the notification dated June 24 and the subsequent modification of the same day. Petitioners along with similarly situated persons shall be allowed to continue till further orders,” the bench said.Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read MoreStay updated with the latest - Click here to follow us on Instagram