2025:HHC:6397 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7207 of 2023 Decided on: 18.03.2025 Ranjit Singh … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Narender Guleria, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 to 4- State. Mr. Mukul Sood, Advocate, for respondent No.5. Respondent No.6 ex parte. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:- “(a) That a writ in the nature of certiorari may kindly be issued thereby quashing and setting aside impugned order dated 28.6.2023 (Annexure P-2). (b) That the election of the respondent No.5 as Councilor/Ward Councilor, Ward No.2 Municipal Council, Hamirpur, Himachal Pradesh may be held illegal and invalid and the executive office MC Hamirpur be directed to conduct fresh election of Ward Councilor of Municipal Council Hamirpur, H.P.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:6397 2. Private respondent No.5 contested the election for Ward No.2, Krishna Nagar, Hamirpur, Tehsil and District Hamirpur, H.P. This election was assailed by the present petitioner inter alia on the ground that ejectment proceedings stood initiated against the petitioner, in terms whereof, the petitioner was ejected in the year 2001, yet the private respondent had not removed the encroachment. The Election Petition was allowed by Sub-Divisional Officer (Civil), Hamirpur, District Hamirpur, H.P., vide Annexure P-1, dated 29.03.2023, by returning the findings that as nothing was produced by the said respondent to demonstrate that he had seized to be an encroacher or that he stood ejected from the encorached land, therefore, said respondent was still an encroacher. 3. Feeling aggrieved, respondent No.5 preferred an appeal and in terms of Annexure P-2, the appeal has been allowed in the following terms:- “It is cleared from the records that the Appellant was ordered to be ejected from the aforesaid encroachment in 2001 and thereafter there is no evidence on the record to show that Appellant is still encroacher within the meaning of Section 16(1)(c) and (m) of the H.P Municipal Act, 1994. Surprisingly, the Ld. SDO(C), Hamirpur has also not looked into this issue by framing proper issues, because the Appellant has been ordered to be ejected in the year 3 2025:HHC:6397 2001, which is much more then 6 years from the date of ejectment. Therefore, the order dated 29.03.2023 under appeal is hereby set aside and the matter (Election Petition) remanded back to the SDO(C). Hamirpur. District Hamirpur, HP with the direction to re-examine the same in the light of facts discussed above and decide the same a fresh in view of the provisions contained under Section 16 of the Himachal Pradesh, Municipal Act, 1994.” 4. Having heard learned counsel for the parties and taking into consideration the fact that now the Municipal Council stands converted into Municipal Corporation, as agreed, this petition is disposed of with the direction that let the selection process post remand be decided by Sub-Divisional Officer (Civil), Hamirpur, District Hamirpur, H.P. as expeditiously as possible, preferably within a period of six weeks from today, of course by adhering to the principles of natural justice. Either of the parties may apprise the officer concerned of the order passed by the Court today, so that he can immediately proceed with the same. 5. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge March 18, 2025 (Rishi)