The High Court of Himachal Pradesh on Thursday set aside the government’s notification creating the Swarghat Nagar Panchayat in Bilaspur district, after finding that villagers’ objections were never properly decided. The court said the process suffered from a serious procedural lapse and required reconsideration by the competent authority.
Background of the Case
The case was filed by Bal Krishan and other residents of Gram Panchayats Kuthela and Manjhed, who challenged the state government’s move to merge their panchayats into the newly formed Nagar Panchayat Swarghat.
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The petitioners approached the court under Article 226 of the Constitution, arguing that although objections were invited from residents, those objections were never examined through a reasoned decision. They sought quashing of the notification and a direction to the state to decide their objections within a fixed time.
While the plea referred to a draft notification dated November 23, 2024, the court noted that the final notification was actually issued on December 20, 2024.
A division bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma examined the official records placed before it.
The bench found that objections from residents were merely recorded in official charts and proceedings. However, the competent authority - the Secretary (Urban Development) - never passed a “reasoned and speaking order” dealing with those objections.
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Instead, the objections were forwarded to the Council of Ministers with an impression that they had already been decided.
“The foundation on which the Council of Ministers approved the proposal was incorrect and contrary to the record,” the bench observed, noting that this misrepresentation vitiated the entire decision-making process.
During the hearing, the Advocate General submitted that since the final notification had already been issued, the government could not withdraw it on its own unless the court first quashed it.
The bench agreed that without judicial intervention, reconsideration of objections would not be possible. It also rejected the state’s argument that the court’s powers were barred due to election-related constitutional provisions.
Relying on recent Supreme Court rulings, the court clarified that judicial review is not completely excluded in such matters, especially when the action appears arbitrary or procedurally flawed.
“A constitutional court can intervene where the process violates fairness or constitutional values,” the bench noted in substance.
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Court’s Decision
After examining the record and legal position, the High Court quashed the final notification dated December 20, 2024, which had brought the concerned panchayats under the Swarghat Nagar Panchayat.
The court directed the Secretary (Urban Development) to reconsider the villagers’ objections afresh and pass a reasoned decision in accordance with law. The authority has been asked to complete the exercise expeditiously, preferably on or before January 10, 2026.
The bench also ordered that the petitioners be given a personal hearing, either directly by the Secretary or through the Director of Urban Development. One or two representatives of joint objectors are to be heard.
With these directions, the writ petition was disposed of.
Case Title: Bal Krishan & Others vs State of Himachal Pradesh & Others
Case No.: CWP No. 2906 of 2025
Case Type: Writ Petition (Civil)
Decision Date: 18 December 2025
