Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Basant Lal – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner, by invoking jurisdiction of this High Court under Article 226 of Constitution of India, has filed present petition for quashing and setting aside the order dated 3.2.2025 passed by the Deputy Commissioner, Mandi under Section 146(2) of the H.P.Panchayati Raj Act, 1994 (hereinafter referred to as ‘the Act’) whereby petitioner has been disqualified from contesting the election for a period of 6 years and to be elected as office bearer of the Panchayat etc.; and also for declaring Section 146(2) of the Panchayati Raj Act as ultra vires to the Constitution of India being arbitrary and violative of Articles 14 and 21 of the Constitution of India.
2 Admitted facts are that petitioner was elected as Pardhan of Gram Panchayat Pangna, District Mandi in Panchayati Raj Institutions’ elections held in November/December,2020. The said election was assailed by respondent No.4 by filing Election Petition on various grounds including that despite being well aware about pendency of Criminal Case No. 38 of 2018 titled as State of HP vs. Shanta Devi against him in the Court of Judicial Magistrate First Class, Karsog, in case FIR No. 114 of 2017, petitioner d
Non-disclosure of pending criminal charges in nomination forms is grounds for disqualification, reinforcing the integrity of electoral processes under the H.P. Panchayati Raj Act.
Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
A candidate's election cannot be invalidated for non-disclosure of liabilities unless it is shown to materially affect the election result, as established under the Odisha Grama Panchayats Act.
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
