Shimla, April 30
Himachal Pradesh State Election Commission (SEC) has issued fresh guidelines clarifying eligibility for contesting Panchayati Raj and Urban Local Body elections, drawing a clear line between different categories of encroachers on government and forest land.
In a significant decision, the SEC has allowed individuals who have occupied forest land and applied for rights under the Forest Rights Act, 2006 to contest elections.
The clarification follows a state government communication dated April 20, 2026, which effectively treats such claimants as eligible candidates despite their occupation of forest land.
At the same time, the Commission has barred four categories of encroachers from contesting elections under Section 122(1)(c) of the Himachal Pradesh Panchayati Raj Act, though all such individuals will continue to retain their right to vote.
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Applicants who have sought regularisation of encroached land have been declared ineligible to contest elections, as per the judgment in Baldev vs State.
Similarly, those whose appeals or revision petitions on encroachment matters are pending before courts have also been disqualified, in line with the ruling in Ram Lal vs State.
The SEC has further clarified that persons against whom Misal Kabja Nazil has been issued are barred from contesting, following the precedent in Swarna Devi vs State.
In addition, encroachers who have vacated government land or are willing to vacate it will remain disqualified for six years from the date of eviction or cessation.
The Commission has also reiterated that certain categories remain eligible to contest elections under Section 122(1)(g). These include Lambardars, Home Guards, outsourced employees, depot holders and Krishak Mitras. The SEC is also considering allowing ASHA workers to contest elections without affecting their official duties.
On the other hand, several categories of workers have been declared ineligible to enter the electoral fray due to service-related restrictions. Office bearers of cooperative societies have been barred from contesting elections under existing rules.
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The guidelines underline a key distinction in the legal framework: while multiple categories of encroachers remain disqualified from contesting polls, those claiming rights under the Forest Rights Act have been granted eligibility, a move that is likely to have wider political and administrative implications in the state.
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