The Himachal Pradesh High Court has quashed an order passed by the Divisional Commissioner, Shimla, in a case concerning the delimitation of panchayat wards. Justice Ajay Mohan Goel delivered the judgment on 25 August 2025 while hearing the writ petition filed by Manish Dharmaik against the State of Himachal Pradesh and others.
Case Background
The case started with a notification dated 31 May 2025, which was challenged by the petitioner. He first filed an appeal before the Divisional Commissioner, Shimla, who on 24 June 2025 allowed the appeal and remanded the matter back to the Deputy Commissioner, Shimla, for fresh adjudication.
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However, despite the remand order, the Divisional Commissioner again took up the same appeal and later dismissed it through an order dated 13 August 2025, which prompted the petitioner to approach the High Court.
Justice Goel noted that once the Divisional Commissioner had already decided the appeal on 24 June 2025 and remanded the matter, the authority had no power to reopen or rehear the same appeal.
The court highlighted:
“When the Divisional Commissioner had already disposed of the appeal earlier, the authority had become functus officio. There was no power vested in the Divisional Commissioner to again hear an appeal already decided by him.”
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The judge further observed that the Divisional Commissioner assumed jurisdiction without setting aside the earlier remand order, which was a clear error.
The Divisional Commissioner had relied on a letter from the State Election Commission dated 29 July 2025, which directed him to “finally dispose of the appeal immediately.” However, the High Court clarified that the Commission was not informed that the appeal had already been disposed of earlier.
Justice Goel emphasized that unless the earlier order was reviewed or set aside by a higher authority, the Divisional Commissioner could not have reopened the matter on his own.
After examining the original records, the High Court allowed the writ petition, quashing the order dated 13 August 2025. The court directed the Deputy Commissioner, Shimla, to now decide the matter expeditiously in terms of the earlier remand order passed by the Divisional Commissioner on 24 June 2025.
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The court also disposed of all pending miscellaneous applications connected with the case.
Case Name: Manish Dharmaik V/s State of H.P. & Ors.
Case No.: CWP No.13426 of 2025
Date of Decision: 25 August 2025
Petitioner: Manish Dharmaik
Respondents: State of Himachal Pradesh & others
