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2026 DAILYLAW 14306 (HP)

KULDEEP CHAUDHARY v. STATE OF HP AND OTHERS

CWP/10443/2026 · 2026-07-06

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10443 of 2026 Decided on: 06.07. 2026 ------------------------------------------------------------------------------------- Kuldeep Chaudhary and Anr. …..Petitioners Versus State Election Commission and Ors. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Ankit Dhiman, Advocate. . For the Respondents: Mr. Surender Sharma, Advocate for respondent No.1. Mr. Sikandar Bhushan, Deputy Advocate General for respondents No. 2 and 3. Mr. Ajay K Dhiman, Advocate, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following detailed order was passed in this matter on 29.06.2026:- “At the request of learned counsel for the petition- ers, word ‘election’ figuring in the description of respond- ents No.3 & 4 in the memo of parties is ordered to be de- leted. Amended memo of parties be filed during the course of the day today. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Notice. Mr. Surender K. Sharma, learned counsel, Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Ms. Shakshi Bhardwaj, learned vice counsel, accept no- tice on behalf of respondents No.1, 2 & 3 and 4, respec- tively. 2. Heard. Petitioners are statedly duly elected Ward Councillors of Municipal Council Paonta Sahib, District Sirmaur, H.P. The case set up by them is:-  Polling for Municipal Council Paonta Sahib, Dis- trict Sirmaur, was conducted on 17.05.2026; Counting was completed the same day; The re- sults of the elections of Municipal Council Paonta Sahib were formally declared on 17.05.2026 it- self.  On 23.05.2026, respondent No.1–The State Election Commission issued a notification under Section 27(2) of the Himachal Pradesh Municipal Act, 1994, read with Rule 80 of the Himachal Pradesh Municipal Election Rules, 2015, offi- cially notifying the names of the elected members of all Municipal Councils and Nagar Panchayats, including the Municipal Council, Paonta Sahib. According to the petitioners, there is no legal or procedural impediment in convening the first meeting of Municipal Council, Paonta Sahib and for conducting the election of Chairperson and Vice-Chairperson thereof in accordance with the statutory provisions. Petitioners’ grievance is that despite completion of all codal formali- ties, respondent No.3-Sub Divisional Officer (Civil), Paonta Sahib has not yet discharged his statutory duties. This is despite the fact that the Government of Himachal Pradesh, on 27.05.2026, through an office letter issued by the Principal Secretary (Urban Development), ad- dressed to all Deputy Commissioners in the State, had directed to convene the first meeting of the respective mu- 3 nicipalities for the purpose of administering the oath/af- firmation to the newly elected members in terms of Sec- tion 27 of the H.P. Municipal Act, 1994 read with Rule 88 of the Municipal Election Rules, 2015 to enable the elected members to enter upon their duties. Learned Senior Advocate for the petitioners, while inviting attention to the office order dated 29.05.2026 is- sued by the Deputy Commissioner, District Sirmaur at Nahan, inter alia addressed to the Sub Divisional Officer (Civil), Paonta Sahib, for convening the first meeting of the Municipal Council, Paonta Sahib, also referred to the no- tices issued by the Sub Divisional Officer (Civil), Paonta Sahib-cum-Presiding Officer, Municipal Council Election of Paonta Sahib on 02.06.2026 (Annexure P-4) & on 09.06.2026 (Annexure P-5), and the corrigendum dated 12.06.2026 (Annexure P-6), wherein though dates for convening the first meeting of Municipal Council, Paonta Sahib were assigned, but only to be changed and then postponed till further orders. 3. In view of the grievance of the petitioners, the documents on record and the statutory provisions, let the respond- ents more particularly respondents No.3 & 4 to place on record their report about the due performance of the stat- utory duties assigned to them in light of the repeated di- rections already issued to them by the competent author- ities as also the provisions of the statute & rules framed thereunder, before the next date. List on 06.07.2026. Reply/instructions be also placed on record in the meanwhile.” 2. Learned counsel appearing for respondent No.4 has placed on record proceedings of the meeting convened on 06.07.2026 (today) by the Sub Divisional Magistrate (Civil), Paonta Sahib, District Sirmour, H.P., in terms of 4 which, elections have been held for President and Vice- President of Paonta Sahib Municipal Council. 2. Learned counsel for the petitioners submits that in view of above, the grievance of the petitioner has now been redressed. For the foregoing, this writ petition to stand disposed of accordingly. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 6th July, 2026 Judge R.Atal