Himachal EC rejects state govt move to postpone ULB reservation roster citing census delay
The response from the SEC came on Thursday, hours after the state's Urban Development Department issued a letter postponing the finalisation of the ULB reservation roster due to the unavailability of updated Census data.
In its letter dated July 10, 2025, the SEC said, 'Your kind attention is invited towards clause (g) of Article 243P of the Constitution of India read with Section 2(31) of the Himachal Pradesh Municipal Act, 1994 and Section 2(38) of the Himachal Pradesh Municipal Corporation Act, 1994, which in unambiguous terms provides that 'population as ascertained at the last preceding census of which the relevant figures have been published' shall be used for the reservation purpose.'
According to the Commission, the Census 2011 data remains the relevant and legitimate basis for the reservation of seats in the upcoming ULB elections, as it is the last published Census data available.
Quoting statutory provisions, the Commission reminded the state government that 'the superintendence, direction and control for delimitation of wards, reservation and allotment of seats by rotation vests in the State Election Commission under Section 281 of the Himachal Pradesh Municipal Act, 1994 and Section 9 of the Himachal Pradesh Municipal Corporation Act, 1994.'
Asserting its authority, the SEC directed that the Urban Development Department's letter must be withdrawn forthwith. 'Urban Development Department has no legal mandate to postpone the schedule issued by a Constitutional Authority,' the letter stated.
Earlier in the day, the Himachal Pradesh Government had directed a postponement of the reservation process for ULBs due to the absence of updated demographic data from the delayed national Census.
In an order dated July 10, 2025, the Principal Secretary (Urban Development) communicated to all Deputy Commissioners -- except those of Lahaul-Spiti and Kinnaur -- that 'due to the non-availability of latest data about the actual numbers of electors of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) communities resulting from the delay in the Census the implementation/finalization by issuance of the reservation roster for the ULBs elections shall be postponed until the latest Census data becomes available.'
The order, signed by Special Secretary (Urban Development) Saurabh Jassal, had instructed that no reservation notifications be issued or implemented 'until such time as the updated Census data is officially released.' Copies of the letter were marked to the Secretary, State Election Commission and Director, Urban Development.
However, the SEC has now firmly rejected this move, reasserting its sole constitutional authority over election-related processes, including delimitation and seat reservation. (ANI)
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