HC asks SEC to settle encroachment complaints before allowing candidates to contest
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Shimla, Sept 19
Himachal Pradesh High Court has directed the State Election Commission to ensure that complaints relating to encroachment of government land by election candidates are examined and settled at the stage of scrutiny of nomination papers, observing that an encroacher is not competent to contest elections to the Legislative Assembly, Parliament or civic bodies.
Justice Sandeep Sharma issued the observation while dealing with a petition challenging the participation of a candidate in the Municipal Council, Theog elections despite the candidate having been declared an encroacher upon government land.
The petitioner, Bharti Sood, had contended that respondent Ranjeeta Sood was declared an encroacher but was nevertheless permitted to contest the municipal election held in May 2026. By the time the matter came before the Court, the election had already been completed and the respondent had lost. The Municipal Council had also been constituted for a five-year term, leaving no effective relief to be granted at that stage.
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While permitting the petitioner to withdraw the petition with liberty to approach the Court at an appropriate stage, Justice Sharma made it clear that such issues should not be allowed to remain unresolved during an election.
The Court observed that the State Election Commission should take necessary steps to ensure that the issue of encroachment, if any, by a candidate is examined and settled during scrutiny of nomination papers, “so that an unscrupulous person is not permitted to contest the election.”
The Court further cautioned that failure to settle such an issue at the initial stage could allow an encroacher to get elected and continue in public office for a considerable period, as disposal of an election petition may take considerable time.
The Court, however, clarified that the petitioner would remain at liberty, if otherwise permissible in law, to challenge the election through appropriate proceedings.
The order was passed in CWP No. 16306 of 2026 on September 18, 2026.If you want, I can also sharpen this into a 275-word UNI-style court story with a stronger lead and headline.
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