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2025 DAILYLAW 2675 (HP)

KAMAL SINGH v. THE PRINCIPAL SECRETARY (PANCHAYATI RAJ) AND OTHERS

CWP/17743/2025 · 2026-03-17

Jyotsna Rewal Dua

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17743 of 2025 Decided on: 17.03.2026 ---------------------------------------------------------------------------- Kamal Singh …..Petitioner Versus State of H.P. and others .....Respondents ---------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Neel Kamal Sood, Senior Advocate with Mr. Vasu Sood, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No. 1 to 7, 9 & 10. Mr. Virbahadur Verma, Advocate, for respondent No.8. ---------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “a. The illegal entries made by respondent No.8 and 9 in the Panchayat records of Gram Panchayat Koti-Uttrou, Tehsil Shillai, District Sirmour may kindly be quashed and set-aside, with further directions to respondent No. 3, 4, 5, 6, and 7 to verify the records of Gram Panchayat Koti- Uttrou, Tehsil Shillai, District Sirmour and Gram Panchayat Ashayadi, Tehsil Shillai, Distrit Sirmour and take appropriate action in the matter to remove the illegal entries from the 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 records of Gram Panchayat Koti-Uttrou, Tehsil Shillai, District Sirmour. b. That respondents No. 1 and 2, may kindly be directed to issue guidelines to all the Panchayats and Gram Sabha of Himachal Pradesh to act in accordance with the provisions of H.P. Panchayati Raj Act, 1994 and rules framed thereunder, further direct the concerned Deputy Commissioners of the Districts to verify and inspect the records periodically by associating respondents No. 4, 5 and 6 as also other Block Development Officers, Sub-Divisional Magistrates and District Election Officers of all districts of Himachal Pradesh. c. That the respondents No. 8,9 and 10 may kindly be restrained from making additions and deletions in the Panchayat records, without holding Gram Sabha of the area and only thereafter any action with prior permission of respondent No.3,4 and 5 may be taken or processed in accordance with H.P. Panchayati Raj Act, 1994 and rules framed thereunder. d. Records of the Gram Panchayat Koti-Uttrou, Tehsil Shillai, District Sirmour and Gram Panchayat, Ashayadi, Tehsil Shillai, District Sirmour, may kindly be called for.” 2. Respondents No.1 to 7 have filed reply through respondent No.3 i.e. Deputy Commissioner, Sirmour at Nahan. Reply inter alia states that: “1. That the present CWP is not maintainable against the replying respondents. 2. That the CWP is based on surmises and conjectures against the replying respondents. 3. That briefly the facts of this case are that some of the inhabitants of Gram Pnchayat, Koti Utrou, Development Block, Shillai, District Sirmour, Himachal Pradesh moved various complaints against the Pradhan and Panchayat Secretary, Gram Panchayat Koti Utrou before the respondent No.4, the Block Development Officer, Shillai, District Sirmour, H.P. regarding shifting a number of persons from 3 Gram Panchayats, Ashyadi and Pab Manal of Development Block, Shillai to Gram Panchayat Koti Utrou and getting their names entered illegally in the Pariwar Register of Gram Panchayat, Koti Utrou and also got their names entered illeglly in the Electoral Roll of the said Gram Panchayat. The matter was inquired into by the Block Development Officer, Shillai alongwith Panchayat Inspector and Sub- Inspector Panchayat of his Development Block and sent his inquiry report (Annexure R-3/1) with his observation that the above-mentioned shifting is illegal and recommended the departmental action against the Panchayat Secretaries of Gram Panchayats, Koti, Utrou, Ashyadi and Pab Manal to the District Panchayat Officer, District Sirmour at Nahan, the Respondent No.7 vide his office letter No.DBS-(Inquiry)-2025-4883, dated 08.10.2025. The respondent No.7 sought guidelines with regard to shifting the members of families from one Gram Panchayat to another from the Director, Panchayati Raj, H.P., Shimla-9, the Respondent No.2, vide his office letter No.PCN/SMR-Election-2025-1919, dated 16.10.2025. The respondent No.2 conveyed the sought guidelines to the respondent No.7 vide his office letter No.PCH-HA(4) 1/2000- Demilitation- Loose-54269, dated 27.10.2025 (Annexure R-3/2). On the receipt of the sought guidelines, the matter pertaining to the shifting of members from the Parivar Registers of Gram Panchayats, Ashyadi and Pab Manal and entered in the Parivar Register of Gram Panchayat, Koti Utrou and enrolled in the Electoral Roll of Gram Panchayat Koti utrou was put up before the Respondent No.3 and No.6, the Deputy Commissioner-cum-District Election Officer (Panchayats), through respondents No.7, District Sirmour at Nahan, who vide the detailed order, contained in Office Order No.PCN-SMR-Election-2025- 2188-96, dated 10.11.2025 (Annexure R-3/3), took the decision accordingly and with regard to the matter pertaining to the issue of Parivaar Register was put up before the Chief Executive Officer (A.D.M), Zila Parishad, District Sirmour at Nahan, who issued show cause notices dated 04.11.202 4 (Annexures R-3/4, R-3/5 and R-3/6) to the erring Panchayat Secretaries of Gram Panchayats, Ashyadi, Pab Manal and Koti Utrou, replies thereto awaited. Since the matter pertaining to alleged entries in Electoral Rolls stand decided and the matter pertaining the issue of Parivaar Register is in progress, the present CWP deserves to be dismissed.” 3. Learned Senior counsel for the petitioner submits that in view of the reply filed by respondents No. 1 to 7, the present writ petition be disposed of with direction to the Competent Authority- respondent No.3 to take the proceedings with regard to erroneous entries in the Parivaar Registers to their logical conclusion within time bound schedule. This is not objected to by the learned Additional Advocate General. 4. In view of the stand taken by the respondents and the submissions made by learned counsel for the parties, this writ petition is disposed of by directing respondent No.3/Competent Authority to take the proceedings with regard to erroneous entries in the Parivaar Register mentioned in their reply to their logical conclusion within three weeks from today i.e. by or before 09.04.2026. It is made clear that in passing the above order merits of the matter have neither been adverted to nor examined. All rights and contentions of the parties are 5 left open. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua March 17, 2026 Judge yogesh