HP High Court Sets Limits on State Election Commission’s Powers When Polls are Deferred

The Himachal Pradesh High Court held that the State Election Commission cannot act unilaterally when elections are deferred by the State Government under the Disaster Management Act, 2005.

The Court quashed the final notification constituting Nagar Panchayat Swarghat, noting that although objections were filed by affected residents, no reasoned decision was passed by the competent authority.

While the objections were recorded and forwarded, an incorrect impression was created that they had already been decided.

Holding the decision-making process to be flawed, the Court directed the Secretary (Urban Development) to reconsider the objections and pass a reasoned order.

[Bal Krishnan & Ors. v. State of H.P. & Ors.]