Encroachment allegation alone could not disqualify candidate from election : HC

Shimla, October 30

Himachal Pradesh High Court has clarified that an allegation of illegal encroachment upon government land by a family member could not, by itself, be used to disqualify a person from contesting Panchayat elections without an adjudication by the competent revenue authority under Section 163 of the Himachal Pradesh Land Revenue Act.

A Division Bench comprising Justice Ajay Mohan Goel and Justice Yogesh Jaswal passed the order on October 28, 2026, in a petition filed by Aruna Sharma, who challenged her disqualification from contesting the Gram Panchayat Surhar election in Bilaspur district on the ground that her father-in-law, Babu Ram Lal, had allegedly encroached upon government land. The petitioner was represented by Senior Advocate Sudhir Thakur, assisted by Advocate Somesh Sharma.

Also Read HC rejects plea challenging Bara panchayat Pradhan’s election

The petitioner had sought quashing of the Assistant Returning Officer’s order dated May 12, 2026, and the ordinance dated May 6, 2026, besides permission to contest the election.

During the hearing, counsel for the petitioner submitted that since the election process had already concluded, the litigation could be disposed of with a clarification that the alleged encroachment by her father-in-law should not operate as a disqualification in future elections.

The Division Bench observed that there was no order passed by the competent authority under Section 163 of the HP Land Revenue Act declaring the petitioner’s father-in-law an encroacher on government land.

The Bench accordingly disposed of the petition, clarifying that the disqualification imposed upon the petitioner for the concluded election would not be construed as a disqualification for future elections. It further made clear that the Court had not upheld the decision declaring her disqualified and that the matter would depend upon the final outcome of proceedings initiated against her father-in-law.

The proceedings against Babu Ram Lal were initiated following a show-cause notice dated June 20, 2025, in File No. 3/2025, titled State versus Babu Ram Lal.

The ruling distinguishes between an allegation of encroachment and a legally established finding by the competent authority. It makes clear that an unadjudicated allegation against a relative  could not automatically operate as a permanent bar to a person’s electoral eligibility.

The judgment was delivered in CWP No. 7625 of 2026, Aruna Sharma vs State of Himachal Pradesh & others matter.

About the Author

himachaleditor

Editor

View All Posts