Shimla (Himachal Pradesh) [India], July 1 : The Himachal Pradesh High Court has stayed the operation of a state government notification dissolving several Panchayati Raj Institutions (PRIs) in the tribal areas of Keylong in Lahaul and Spiti district and Pangi in Chamba district, allowing the elected representatives to continue in office until further orders.
A Division Bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi passed the interim order while hearing petitions challenging the state government's June 24 notification that had dissolved the existing Gram Panchayats, Panchayat Samitis and Zila Parishads in the two tribal regions before completion of their five-year tenure.
The high court held that the petitioners had a vested right to complete their constitutional term and directed that they, along with other similarly situated elected representatives, be permitted to continue functioning until further orders.
The dispute arose after the State Election Commission conducted fresh Panchayati Raj elections in Keylong and Pangi on May 26, 28 and 30, 2026, in compliance with directions of the Supreme Court to complete the election process by May 31, 2026. However, the existing elected bodies, which assumed office after elections held in October 2021, were originally scheduled to complete their five-year tenure on October 17, 2026.
To address the overlap between the outgoing and newly elected bodies, the state government invoked Section 120(4) of the Himachal Pradesh Panchayati Raj Act through a notification issued on June 24, 2026, dissolving the existing local bodies with immediate effect and advancing the first meeting of the newly elected representatives from October 18 to June 27, 2026.
Appearing for the petitioners, Advocate Vinay Sharma argued that Article 243E of the Constitution guarantees every Panchayat a five-year tenure from the date of its first meeting and that the term of an elected body could not be curtailed retrospectively through a subsequent legislative amendment.
The state government, represented by Additional Advocate General Gobind Korla, defended the decision by relying on Section 120(4), introduced through the Himachal Pradesh Panchayati Raj (Amendment) Act, 2026. The state contended that Panchayats constituted later due to force majeure or election boycotts should have terms running concurrently with Panchayats across the rest of the state, where elections were held in January 2021.
The petitioners, however, argued that the amendment, which came into force in January 2026, could not be applied retrospectively to reduce the tenure of representatives elected in 2021.
After hearing both sides, the High Court observed that the petitioners had established a prima facie case and that the government's action appeared to deprive elected representatives of their vested right to complete their tenure. The Bench also noted that the matter involved a larger public interest and that the modification of the election schedule by the state had adversely affected the petitioners.
The High Court consequently stayed the operation of the June 24 notification and directed that the petitioners and other similarly placed elected representatives be allowed to continue in office until further orders.
The matter has been listed for further hearing on August 12, 2026.