The central legal point established in the judgment is the importance of proving encroachment on government land for disqualification from contesting Panchayati Raj elections.

Deepak Gupta, J.-This petition is directed against the order of the learned Deputy Commissioner, Kangra at Dharamshala dated 9.4.2007 whereby he has confirmed the order passed by the authorized officer, i.e., Sub Divisional Officer (Civil), Jaisinghpur setting aside the election of the petitioner for the post of Pradhan of Gram Panchayat, Ashapuri.

2. Briefly stated the facts of the case are that elections to the Panchayati Raj Institutions in Himachal Pradesh were held in the month of December, 2005. The petitioner was one of the candidates, contesting for the post of Pradhan, Gram Panchayat, Ashapuri. Respondents No.4 to 6 had also submitted their nomination forms for the said post. Respondent No.4 filed objections before the Assistant Registrar praying that the nomination form for the petitioner be rejected since he is disqualified to contest the elections as he has encroached upon Government land. These objections were rejected. Polling was conducted on 22.12.2005 and the petitioner was declared elected as Pradhan, Gram Panchayat, Ashapuri.

3. Thereafter, respondents No.4 to 6 filed an election petition before the authorized officer under Section 175 of the H.P Panchayati Raj Act, 1994 (hereinafter referred to as the ‘Act’) challenging the election of the petitioner. The main ground of challenge was that the respondent has encroached upon the land belonged to the State Government bearing Khasra No.280 and 164/1 measuring 0-00-82 hectares located in Mahal Ropri, Tehsil Jaisinghpur, District Kangra. It was further alleged that in the year 2002 the Government of Himachal Pradesh had framed a scheme for regularization of encroachments. The writ petitioner had applied for regularization of the encroachment by submitting a form duly signed by him. Alongwith this form, a declaration was duly filed by the petitioner that he has encroached upon Government land. In view of this application of the petitioner, it was submitted that he is an encroacher and was disqualified from contesting the election in view of the bar contained in Section 122(1)(c) of the Act which reads as follows:

“122. Disqualifications.-(1) A person shall be disqualified for being chosen, as and for being, an office bearer, of a Panchayat-

(a) & (b) xxxxxx

(c) if he or any of his family member(s) has encroached upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he or any of his family member, as the case may be, is ejected there from or ceases to be the encroacher; or”

4. Reply was filed to the election petition and the writ petitioner denied that he had encroached upon Government land. He also denied that he had ever applied for regularization of the encroachment. According to him, he had not signed the form which has been alleged to have signed by him. After framing of issues, the main issue framed was whether the petitioner is an encroacher on Government land and thus qualified from being elected to the office of Pradhan of the Gram Panchayat.

5. Evidence was led by the parties. In support of their case, respondents No.4 to 6 examined Om Parkash, Patwari as PW/1 who stated on oath that he had sold application form No.0104607 (Ext.P/3) to the petitioner for regularization. According to him, Khasra Nos.280 and 164/1 measuring 0-00-82 hectares are in possession of the present petitioner and he has constructed shops and cowsheds thereupon. He had also prepared the copies of the Jamabandi and Tatimas (Exts.P/5 to P/7) attached with the form. In the cross-examination Om Parkash admitted that the forms were not signed by the writ petitioner in his presence nor any case of encroachment was registered against the petitioner.

6. PW/2 Parkash Chand, Office Kanungo, Tehsil Jaisinghpur stated that the respondent had applied for regularization of encroachment of Government land and that this app