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2026 DAILYLAW 7731 (HP)

MEERA DEVI v. STATE OF HP AND OTHERS

CWP/7110/2026 · 2026-05-08

Jyotsna Rewal Dua

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7110 of 2026 Decided on: 08.05.2026 Meera Devi …..Petitioner Versus State of H.P and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Narender Singh Thakur, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge On completion of regular inquiry against the petitioner, a show cause notice was issued to her on 14.08.2025 by the respondent No.3- Deputy Commissioner, District Mandi in exercise of powers under Sections 146(1) of the H.P. Panchayati Raj Act, 1994. Petitioner replied to to the aforesaid show cause notice on 25.08.2025. State Election Commission on 29.04.2026 notified election programme for conduct of general elections to Panchayati Raj Institutions in the State of Himachal Pradesh. Petitioner, who served as Pardhan, Gram Panchayat, Chamukha, Development Block, Sundernagar, District Mandi during the years 2010-2015, 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 under office order dated 05.05.2026 was declared ineligible for any assignment as Panchayat bearer for a period of six years. 2. In view of office order dated 05.05.2026, name of petitioner has appeared in the list of candidates debarred from contesting election in Panchayati Raj institutions in District Mandi. Learned counsel for the petitioner placed reliance upon an interim order dated 07.05.2026 passed in CWP No. 6917 of 2026 (Rekha Rani versus State of H.P and others), relevant portion of which reads as under:- 3. Learned Additional Advocate General on the basis of instructions dated 07.05.2026 imparted to him, by the District Panchayat Officer Una and placed on record, submits that in case the petitioner deposits the amount held due from her under the impugned orders i.e. in the sum of Rs.21202/-, process shall be initiated for issuance of NOC in petitioner’s favour. Learned counsel for the petitioner submits that petitioner is agreeable for depositing the amount in question subject to protecting her rights and contentions in the instant writ petition. 4. In view of above, CMP No. 10002 of 2026 to stand disposed of with direction that the respondents shall permit the petitioner to deposit the amount in question, in terms of the impugned order on 08.05.2026 by 12:00 (noon). In case the petitioner deposits the amount, the requisite No Objection be issued in her favour in accordance with law by 1:00 p.m. This deposit shall, however, abide by the rights and contentions of the parties in this writ petition. Reply to the writ petition be filed within four weeks. List thereafter." 3 3. Petitioner has not availed statutory remedy available to her against the impugned order. Learned counsel for the petitioner apprised that petitioner has availed statutory remedy by filing an appeal before the Divisional Commissioner, Mandi, however, in view of urgency involved in the matter, the petitioner had simultaneously instituted this writ petition also. 4. On the basis of instructions, learned Deputy Advocate General submits that as per election schedule (Annexure P-5, notification dated 29.04.2026), nomination can be presented till 11.05.2026 at 3:00 P.M. Learned Deputy Advocate General further assures that petitioner’s appeal alongwith her prayer for interim relief shall be considered by the Appellate Authority on 11.05.2026 by 12:00 P.M. Taking note of the above, present petition stands disposed of. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua May 08, 2026 Judge yogesh