Jyotsna Rewal Dua, Judge

CMP No. 8951 of 2026

1. Brief Facts necessary for adjudication of this application are as under:-^{1Whether reporters of Local Papers may be allowed to see the judgment? Yes.}

1(i) On 07.04.2026, petitioner moved an application for getting his name registered as voter in Gram Panchayat Hamboli, Tehsil Amb, District Una, H.P. A complaint was filed in the office of District Panchayat Officer, Una on 10.04.2026 by certain residents of village Hamboli to the effect that petitioner Vinay Kumar was permanent resident of village Bahedi, Post Office Chururu, Tehsil Amb, District Una. Previously villages Setri & Bahedi were part of Gram Panchayat Hamboli. However, after bifurcation of Gram Panchayat Hamboli in March 2026, a new Gram Panchayat i.e. Seri had come into existence. Village Bahedi now falls in newly created Gram Panchayat Seri. The office of Pradhan Gram Panchayat Seri has been reserved for Other Backward Classes category. The petitioner desires to contest the elections from Gram Panchayat Hamboli which is for Unreserved category and it is for this reason he had applied for registration of his vote and votes of his family members in Gram Panchayat Hamboli. This according to the respondents was not permissible.

1(ii) The aforesaid complaint was forwarded to the Block Development Officer Amb, District Una on 10.04.2026 for taking further necessary action. The Block Development Officer on 14.04.2026 reported the complaint having been inquired into by a three member Committee on 13.04.2026. The Committee during inquiry concluded that petitioner was ordinarily resident of village Bahedi that falls in Gram Panchayat Seri. Petitioner was not ordinarily resident of village Hamboli. Petitioner’s claim for registration as a voter in Gram Panchayat Hamboli was rejected by the Revising Authority i.e. Block Development Officer Amb on 14.04.2026.

1(iii) Petitioner preferred an appeal on 16.04.2026 before the Deputy Commissioner-cum-District Election Officer (Panchayat), District Una who rejected petitioner’s appeal/claim on 24.04.2026 with the finding that petitioner had failed to prove his being ordinarily resident of village Hamboli. Feeling aggrieved, petitioner has preferred this writ petition. In this application prayer has been made seeking direction to the respondents to enter name of the petitioner and his family members provisionally as voters in Gram Panchayat Hamboli, Tehsil Amb, District Una.

2. Taking note of the case of the petitioner, the State Election Commission, Himachal Pradesh through its Secretary was impleaded as respondent No. 6. It has filed its brief reply to the writ petition. Notice of this writ petition is yet to be issued to respondent No. 5 i.e. Gram Panchayat Hamboli. Respondents No. 1 to 4 though are yet to file reply to the writ petitioner, however, pursuant to the orders passed in the matter, detailed instructions have been placed on record. The matter has been heard at this stage for considering prayer for grant of interim relief.

3. Applicable Statutes/Rules:-

3(i) Before considering the interim prayer of the petitioner it would be in place at this stage to first take note of the relevant provisions of the Himachal Pradesh Panchayati Raj Act, 1994 (in short the Act). Section 4 of the Act provides for establishment of Gram Sabha. Sub Section (3) thereof is to the effect that every person who is qualified to be registered in the Legislative Assembly roll relatable to the Sabha area or whose name is entered therein and is ordinarily resident within the Gram Sabha area shall be entitled to be registered in the list of voters of that Sabha area. As per first proviso of this sub-section, no person shall be entitled to be registered in the list of voters for more than one Sabha area. In terms of second proviso no person shall be entitled to be registered in the list of voters of a Sabha area if he is already registered as a voter in a Municipality. Explanation-I of