Shimla, May 7
With the nomination process for Himachal Pradesh Panchayat Raj elections beginning Thursday, the issue of encroachment on government and forest land has emerged as one of the most contentious and politically sensitive subjects in the rural and urban local body polls.
Political observers say the first day of nominations across 3,758 panchayats is expected to witness intense political maneuvering as parties and local groups weigh the image, background and influence of candidates entering the fray. Besides caste and local equations, factors such as clean public image, absence of criminal background, freedom from drug-related allegations, financial irregularities and misuse of MNREGA funds are increasingly shaping voter perception in village politics.
The Panchayat elections, often described as the political nursery of the state after the ban on student union elections, are seen as the launching platform for future legislators and ministers. In many areas, voters are openly debating whether candidates linked to corruption, contract lobbies, illegal mining, drug trade or land encroachments should be allowed to occupy positions in local self-government institutions.
The biggest controversy this election season, however, revolves around encroachers contesting polls.
Also Read
Encroachers under FRA allowed to contest polls in HP; Rest four types barred but free to vote
Under Section 122(1)(d) of the Himachal Pradesh Panchayati Raj Act, 1994, persons encroaching upon government land are disqualified from contesting elections.
The Himachal Pradesh High Court had also observed in May 2025 that even family members of encroachers should not be permitted to contest Panchayat elections.
There are public opinion that candidate have to submit affidavits about not having any encroched upon forest and Government land.
However, the controversy deepened after the Panchayati Raj Department issued a clarification on April 20, 2026, declaring that persons who have applied for regularisation of land under the Forest Rights Act (FRA), 2006, would remain eligible to contest elections as their claims are still pending before authorities.
The clarification triggered criticism from retired bureaucrats, social activists and legal experts. Former Additional Chief Secretary Deepak Sanan questioned the decision to permit alleged encroachers to enter the electoral process, while Aastha Foundation vice-president Sushil Sharma argued that elections conducted under the Panchayati Raj Act must strictly follow the disqualification provisions contained in the same law.
Legal experts point out that encroachers were declared ineligible during the 2015 and 2020 Panchayat elections under identical provisions of the Act. Critics allege that the latest clarification weakens the spirit of the law and gives undue advantage to those occupying forest or government land.
Defending the decision, Additional Director of the Panchayati Raj Department Keval Sharma said the clarification was issued after obtaining legal opinion from the Law Department. He maintained that only those who have formally applied under the FRA have been treated as eligible, while all other encroachers continue to remain disqualified from contesting elections.
The nomination process for Panchayat elections will continue on May 7, 8 and 11, while voting would be conducted in three phases on May 26, 28 and 30. More than 51 lakh voters are expected to participate in the polls across the state.
About the Author
