MILAP CHAND v. THE AUTHORISED OFFICER-cum-SUB DIVISIONAL MAGISTRATE PALAMPUR AND OTHERS
CMPMO/416/2025 · 2025-07-29
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19868 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19868 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:24964
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 416 of 2025
Decided on: 29.07.2025 Milap Chand
… Petitioner
Versus
The Authorised Officer-cum-Sub Divisional Magistrate, Palampur and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Shivom Vashishta, Advocate.
For the respondents : Mr. Pushpender Jaswal, Additional
Advocate General, Advocate for
respondents No. 1 and 3.
Ajay Mohan Goel, Judge (Oral)
Notice confined to respondents No. 1 and 3. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of said respondents.
2.
By way of this petition, the petitioner has inter alia prayed for the following relief:-
“It is, therefore, prayed that the present petition may kindly be allowed and the respondent no. 1 may very kindly be
directed to decide the election petition titled as Milap Chand and Other vs Sh. Swaroop Chand and another filed under Section 163, 122 and 175 of the H.P. Panchayati Raj Act expeditiously not later than a period of one month in the interest of justice.”
3.
The grievance of the petitioner is that after the remand
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2025:HHC:24964
of the matter in terms of Annexure P-3, order dated 22.08.2024, the Authorised Officer under the Panchayati Raj Act is not deciding the election petition filed by the petitioner.
4.
Taking into consideration the fact that the matter was remanded back by the Appellate Authority as far back as on 22.08.2024, without making any observation on the contentions raised in the writ petition, this petition is disposed of with direction that the Authorised Officer shall make all endeavour to dispose of the election petition as expeditiously as possible, of course, by adhering to the principles of natural justice as well as the statutory provisions of the H.P. Panchayati Raj Act on or before 15.09.2025. At the first instance, the Authorised Officer shall list the case on 04.08.2025, on a copy of this order being produced before the Authority by the petitioner before said date and thereafter, a date shall be fixed by the Authorised Officer for hearing of the case by issuing notice to the other party through Counsel not later than
11.08.2025. Thereafter, the matter be decided by the Authorised Officer in accordance with law, by the date fixed and any non- adherence thereto shall be construed to be the contempt of the Court. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge July 28, 2025 (narender)