IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6796 of 2024 Date of Decision: 13.11.2024 _____________________________________________________________________

Kanta Devi ……...Petitioner Versus State of Himachal Pradesh and Ors …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? Yes.

For the Petitioner: Mr. Naveen Awasthi, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for the State.

Mr.Sunil Mohan Goel, Senior Advocate with Mr. Paras Dhaulta, Advocate, for respondents No. 6 and 7.

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Sandeep Sharma, J. (Oral)

Being aggrieved and dissatisfied with order dated 9.7.2024, passed by the Sub Divisional Officer (Civil), Baijnath, District Kangra, Himachal Pradesh, whereby person namely Asha Kumari i.e. respondent No.6, came to be elected as President of the Nagar Panchayat, petitioner herein has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein to set aside aforesaid election of respondent No.6 on the ground that elections were not conducted by the Deputy Commissioner of the District concerned or Authorized Officer i.e. Sub Divisional Officer (Civil), Baijnath, District Kangra.

2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that Sub Divisional Officer (Civil), Baijnath, who was further delegated power by the Deputy Commissioner, Kangra, to conduct elections of President and Vice President of Nagar Panchayat Baijnath, could not have further delegated such power to the Tehsildar, who otherwise had no authority, whatsoever, to conduct elections of President and Vice President of Nagar Panchayat Baijnath, Paprola.

3. Precisely, facts of the case as emerge from the record are that Nagar Panchayat Baijnath Paprola was constituted vide notification issued by the State of Himachal Pradesh. In December 2020, petitioner was elected as one of the ward member of the Nagar Panchayat and thereafter, she also contested the election of President of Nagar Panchayat and accordingly, on 6.2.0221, she was elected to the post of President /Chairman of the Nagar Panchayat concerned, however, no confidence motion was passed against the petitioner, as a result thereof, post of President of concerned Gram Panchayat fell vacant. Having taken note of the vacancies to the post of the President and Vice President, Deputy Commissioner, Kangra at Dharamshala, District Kangra, Himachal Pradesh, vide order dated 26.6.2024, passed a detailed order (Annexure P- 1), thereby authorizing the Sub Divisional Officer (Civil) Baijnath to convene a meeting for conducting fresh elections to the post of President and Vice President of Nagar Panchayat Baijnath Paprola as per Rule 35 of Himachal Pradesh Municipal Election Rules 2015 as advised by the law department.

4. At this stage, it is apt to take note of the fact that before passing of aforesaid order dated 26.6.2024, Sub Divisional Officer (Civil), Baijnath, had applied for 19 days earned leave w.e.f. 24.6.2024 to 12.7.2024, which was sanctioned vide order dated 15.6.2024. While passing order dated 15.6.2024, thereby sanctioning earned leave in favour of the then, Sub Divisional Officer (Civil), Baijnath Sh. Devi Chand Thakur, Deputy Commissioner, Kangra at Dharamshala, District Kangra, Himachal Pradesh specifically ordered that Tehsildar, Baijnath, will also look after the work of Sub Divisional Officer (Civil), Baijnath, in addition to his own duties alongwith DDO powers till the joining of Sub Divisional Officer (Civil), Baijnath. In the aforesaid background, Tehsildar Baijnath, who admittedly was assigned the duties of Sub Divisional Officer (Civil), Baijnath, proceeded to issue notice fo