HC directs Chamba DC to decide limitation issue in Gram Pradhan election dispute within 10 weeks

Shimla, October 15

Himachal Pradesh High Court has directed the appellate authority to first examine whether an election petition challenging the election of a Gram Panchayat Pradhan was filed within the prescribed limitation period, observing that the issue must be decided before proceeding on the merits of the dispute.

Justice Sandeep Sharma passed the directions while disposing of a petition filed by Santosh Kumari, who challenged the decision of the appellate authority concerning her removal as Pradhan of Gram Panchayat Thakrimatti in Salooni subdivision of Chamba district.

The court directed the Deputy Commissioner, Chamba, before whom the appeal is pending, to decide the limitation issue expeditiously, preferably within 10 weeks, after providing an opportunity of hearing to the petitioner.

Santosh Kumari had won the Panchayat election held on May 26, 2021, securing 597 votes against 561 votes polled by her rival. Subsequently, the defeated candidate challenged her election before the authorised officer, the Sub-Divisional Officer (Civil), Salooni.

The authorised officer allowed the election petition on September 23, 2026, unseating Santosh Kumari and declaring her rival elected. She subsequently approached the Deputy Commissioner in appeal and sought a stay on the order. Although the appellate authority granted a stay, it did not permit her to continue as Pradhan and instead authorised the Up-Pradhan to manage the Panchayat’s affairs during the pendency of the appeal.

Appearing for the petitioner, senior advocate Ankush Dass Sood argued that the election petition was filed beyond the mandatory 30-day limitation period prescribed under the Himachal Pradesh Panchayati Raj Act, 1994. He submitted that the petition was filed on July 8, 2021, although the election had been declared on May 26, 2021.

The court observed that the question of limitation is a legal issue that must be examined at the initial stage, even if the parties have not raised it. It relied on the legal principles discussed in an earlier Division Bench judgment, Ramesh Kumar versus Rajesh Kumar and others.

The High Court clarified that it had not examined the merits of the election dispute and that the appellate authority must decide the matter strictly in accordance with law.

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