While quashing a Divisional Commissioner’s order passed in a matter involving directions issued by the State Election Commission, the Himachal Pradesh High Court has held that there is no power vested in the Divisional Commissioner to suo moto again revive an appeal which has been decided by it earlier.

The petitioner had approached the High Court challenging an order of the Divisional Commissioner dismissing the appeal filed by him against the order passed by the Deputy Commissioner.

The Single Bench of Justice Ajay Mohan Goel held, “Otherwise also, when the learned Divisional Commissioner had already disposed of the appeal earlier in terms of order dated 24.06.2025, the authority had become functus officio and until and unless the order passed by the Authority was either reviewed, if the authority was having the power to review, or set aside by a superior authority and remanded back to the Divisional Commissioner, there was no power vested with the learned Divisional Commissioner to again hear an appeal already decided by the said authority in exercise of its quasijudicial power. There is no power vested in the Divisional Commissioner to suo moto again revive an appeal which has been decided by it earlier.

Senior Advocate T.S. Chauhan represented the Petitioner, while Additional Advocate General Pushpinder Jaswal represented the Respondent.

Factual Background

The petitioner had preferred an appeal against the issuance of a notification dated May 31, 2025, before the Divisional Commissioner, Shimla. The Divisional Commissioner, in terms of an order dated June 24, 2025, allowed the appeal and remanded the matter back to the Deputy Commissioner. However, thereafter, the same appeal was again taken up for consideration on July 31, 2025 and decided by the Divisional Commissioner on merit without the earlier order of remand having been set aside by any superior authority. The appeal was ultimately dismissed vide order dated August 13, 2025.

Reasoning

The Bench noted that in the order dated July 31, 2025, passed by the Divisional Commissioner, it was mentioned that the appeal was again being taken up for consideration on account of the directions issued by the State Election Commission, wherein the Divisional Commissioner was directed that the said authority should finally dispose of the appeal immediately.

On a perusal of the communication of the State Election Commission, the Bench noticed that the Commission had directed the Divisional Commissioner, Shimla, to finally dispose of the appeal relating to the delimitation of constituencies of Zila Parishad of Shimla District. The office of the Divisional Commissioner did not point out to the State Election Commission that the appeal already stood disposed of vide order June 24, 2025, and the matter stood remanded to the Deputy Commissioner.

The Bench was of the view that when the Divisional Commissioner had already disposed of the appeal earlier in terms of the order dated June 24, 2025, the authority had become functus officio. In light of the absence of power vested in the Divisional Commissioner to suo moto again revive an appeal which was decided by it earlier, the Bench quashed the impugned order.

Allowing the petition, the Bench directed the Deputy Commissioner, Shimla to decide the matter in terms of the remand order passed by the Divisional Commissioner expeditiously.

Cause Title: Manish Dharmaik v. State of Himachal Pradesh (Case No.: CWP No.13426 of 2025)

Appearance

Petitioner: Senior Advocate T.S. Chauhan, Advocate Surya Chauhan

Respondent: Additional Advocate General Pushpinder Jaswal

Click here to read/download Judgment


Himachal Pradesh High CourtJustice Ajay Mohan Goel

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.