The Himachal Pradesh High Court has struck down the recent amendment to the State Panchayati Raj (Election) Rules, 1994, and ordered new delimitation of wards for the Shimla Zila Parishad (ZP), saying the changes were arbitrary and violated constitutional rules on equal representation.
A Division Bench of Justices Vivek Singh Thakur and Romesh Verma on Friday quashed the amended Rule 9(2). The court noted that replacing the Gram Sabha area with the Panchayat Samiti area as the basis for delimitation had created large differences in population between wards.
The court pointed out that the new delimitation orders had produced constituencies with populations ranging from about 6,300 in Dodra Kawar to over 37,000 in Kotkhai. It said this imbalance violated the principle of fair representation under Article 243C of the Constitution.
The Bench ruled that the amendment gave priority to administrative convenience rather than constitutional requirements. It also noted that the amendment had not been placed before the State Legislature as required under Section 214 of the Himachal Pradesh Panchayati Raj Act, making it invalid.
The decision came on a plea filed by Devinder Singh Negi, who had challenged the delimitation of territorial constituencies for the Shimla Zila Parishad. The court also cancelled the Divisional Commissioner’s order that had supported the delimitation.
Rejecting the State’s argument that courts cannot review delimitation once the election process starts, the Bench said judicial review is allowed when constitutional norms and legal provisions are violated.
The ruling is expected to affect the upcoming Panchayat elections in the state, as the government may now have to revise and reissue the delimitation notifications based on the earlier rule using Gram Sabha population.
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