IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP No. 8951 of 2026 in CWP No. 6251 of 2026 Order Reserved on: May 05 , 2026 Date of Decision: May 07 , 2026 Vinay Kumar ...Petitioner Versus State of Himachal Pradesh through Secretary (Panchayati Raj), Govt. of H.P. & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Sh. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General for respondent No. 1 to 4-State. Mr. Surender Sharma, Advocate, for respondent No. 6-State Election Commission, H.P. Jyotsna Rewal Dua, Judge CMP No. 8951 of 2026 1. Brief Facts necessary for adjudication of this application are as under:- 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 1(i) On 07.04.2026, petitioner moved an application for getting his name registered as voter in Gram Panchayat Hamboli, Tehsil Amb, District Una, H.P. A complaint was filed in the office of District Panchayat Officer, Una on 10.04.2026 by certain residents of village Hamboli to the effect that petitioner Vinay Kumar was permanent resident of village Bahedi, Post Office Chururu, Tehsil Amb, District Una. Previously villages Seri & Bahedi were part of Gram Panchayat Hamboli. However, after bifurcation of Gram Panchayat Hamboli in March 2026, a new Gram Panchayat i.e. Seri had come into existence. Village Bahedi now falls in newly created Gram Panchayat Seri. The office of Pradhan Gram Panchayat Seri has been reserved for Other Backward Classes category. The petitioner desires to contest the elections from Gram Panchayat Hamboli which is for Unreserved category and it is for this reason he had applied for registration of his vote and votes of his family members in Gram Panchayat Hamboli. This according to the respondents was not permissible. 1(ii) The aforesaid complaint was forwarded to the Block Development Officer Amb, District Una on 10.04.2026 for taking further necessary action. The Block Development Officer on 14.04.2026 reported the complaint having been inquired into by a three member Committee on 13.04.2026. The Committee during 3 inquiry concluded that petitioner was ordinarily resident of village Bahedi that falls in Gram Panchayat Seri. Petitioner was not ordinarily resident of village Hamboli. Petitioner’s claim for registration as a voter in Gram Panchayat Hamboli was rejected by the Revising Authority i.e. Block Development Officer Amb on14.04.2026. 1(iii) Petitioner preferred an appeal on 16.04.2026 before the Deputy Commissioner-cum-District Election Officer (Panchayat), District Una who rejected petitioner’s appeal/claim on 24.04.2026 with the finding that petitioner had failed to prove his being ordinarily resident of village Hamboli. Feeling aggrieved, petitioner has preferred this writ petition. In this application prayer has been made seeking direction to the respondents to enter name of the petitioner and his family members provisionally as voters in Gram Panchayat Hamboli, Tehsil Amb, District Una. 2. Taking note of the case of the petitioner, the State Election Commission, Himachal Pradesh through its Secretary was impleaded as respondent No. 6. It has filed its brief reply to the writ petition. Notice of this writ petition is yet to be issued to respondent No. 5 i.e. Gram Panchayat Hamboli. Respondents No. 4 1 to 4 though are yet to file reply to the writ petitioner, however, pursuant to the orders passed in the matter, detailed instructions have been placed on record. The matter has been heard at this stage for considering prayer for grant of interim relief. 3. Applicable Statutes/Rules:- 3(i) Before considering interim prayer of the petitioner it would be in place at this stage to first take note of the relevant provisions of the Himachal Pradesh Panchayati Raj Act, 1994 (in short the Act). Section 4 of the Act provides for establishment of Gram Sabha. Sub Section (3) thereof is to the effect that every person who is qualified to be registered in the Legislative Assembly roll relatable to the Sabha area or whose name is entered therein and is ordinarily resident within the Gram Sabha area shall be entitled to be registered in the list of voters of that Sabha area. As per first proviso of this sub-section, no person shall be entitled to be registered in the list of voters for more than one Sabha area. In terms of second proviso no person shall be entitled to be registered in the list of voters of a Sabha area if he is already registered as a voter in a Municipality. Explanation-I of Section 4 states that expression “ordinarily resident” shall have the meaning assigned to it in Section 20 of the Representation of the People Act, 1950 subject to the 5 modification that reference to “Constituency” therein would be construed as a reference to “Sabha area”. Section 4 of the Act reads as under:- “4. Establishment of Gram Sabha.- (1) The Government may, by order, establish a Gram Sabha by name in every Sabha area. (2) For every Gram Sabha established under sub-section (1), there shall be a list of voters which shall be prepared in accordance with the provisions of this Act and the rules made thereunder. (3) Every person who is qualified to be registered in the Legislative Assembly roll relatable to the Sabha area or whose name is entered therein and is ordinarily resident within the Gram Sabha area shall be entitled to be registered in the list of voters of that Sabha area: Provided that no person shall be entitled to be registered in the list of voters for more than one Sabha area: Provided further that no person shall be entitled to be registered in the list of voters of a Sabha area if he is already registered as a voter in a Municipality. Explanation-I.- The expression “ordinarily resident” shall have the meaning assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950) subject to the modification that reference to “Constituency” therein will be construed as a reference to “Sabha area”. Explanation-II.- A person shall be disqualified for registration in the list of voters of Sabha area if he is disqualified for registration in the Legislative Assembly roll.” 6 3(ii) As per Section 20 of the Representation of the People Act, 1950 a person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. Further if a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such Rules as may be made in this behalf. Relevant portion of Section 20 is as under:- “20. Meaning of “ordinarily resident”.- (1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. (1-A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (1-B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member. … … … (7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.” 7 3(iii) The Himachal Pradesh Panchayati Raj (Election) Rules, 1994 now need to be noticed. In terms of Rule 14(d) a person shall be disqualified for registration in an electoral roll, if he inter alia is not ordinarily resident of the constituency. The Rule reads as under:- “14. Disqualification for registration in electoral roll.- A person shall be disqualified for registration in an electoral roll, if he – (a) to (c) … … (d) is not ordinarily resident of the constituency; or (e) & (f) … …” Rules 12 and 13 provide for preparation of electoral roll for each constituency of Panchayat by the District Election Officer under the superintendence, direction and control of State Election Commission. Rule 15 is with regard to publication of electoral roll in draft and reads as under:- “15. Publication of electoral roll in draft. – (1) As soon as the electoral roll of a constituency is ready, the District Election Officer (Panchayats) shall publish it in draft, together with a notice in Form-I and make available copies thereof for inspection at his office and in the offices of Gram Panchayat, Pancyhayat Samiti, Zila Parishad. (2) The notice under sub-rule (1) shall be given publicity through newspapers having largest circulation in the area, All India Radio, by beat of drum in the constituency and by affixing copies of such notice in the office of the District 8 Election Officer (Panchayats) and at the office of Gram Panchayat, Panchayat Samiti, Zila Parishad and at other conspicuous places where the public has free access. The notice should contain the date by which objections or claims may be filed and the authority or authorities to whom they may be presented.” Rule 16 provides for lodging of claim for inclusion of name in the electoral roll and objection to an entry therein as under:- “16. Period for lodging claims and objections. – Every claim for the inclusion of name in the electoral roll and every objection to an entry therein shall be lodged within a period of 10 days from the date of draft publication of the electoral roll in draft under rule 15, or within such period as may be fixed by the State Election Commission in this behalf.” The manner of lodging of claims and objections is stipulated in following Rule 18:- “18. Manner of lodging of claims and objections. - (1) A claim or objection shall be addressed to the Revising Authority specified in the notice referred to in rule 15 and shall be presented to him personally or sent by registered post to that authority. Every claim for inclusion of names, objection in relation to the inclusion of the name or objection in relation to the particulars in an entry shall be in Form 2, 3, 4 respectively. (2) A claim shall be signed by the person desiring his name to be included in the electoral roll and countersigned by another person whose name is already included in the electoral roll in which the claimant desires his name to be included and shall, unless sent by post, be presented by 9 claimant himself or by a person authorised by him in writing in this behalf. (3) No person shall prefer an objection to the inclusion of any name in the electoral roll unless his name is already included in that electoral roll. (4) The Revising Authority shall maintain a register, of claims in Form-5, of objections to the inclusion of names, in Form-6, and of objection to the particular in any entry in Form-7, and cause to be entered therein the time of their receipt, particulars of every claim or objections, as the case may be. (5) Any claim or objection, which is not lodged within the prescribed period or in the manner herein specified shall be rejected and the decision recorded in the register prepared in Form-5, 6 and 7, as the case may be.” In terms of Rule 18 a claim for inclusion of names, objection in relation to the inclusion of the names or objection in relation to inclusion of the name to the particulars in an entry has to be in specified Form 2, 3 & 4 respectively. Sub-rule (5) of Rule 18 provides for rejection of claim/objection which is not lodged either within the prescribed period or in the manner specified. 4. From the pleadings/documents/instructions on record it prima facie comes out at this stage that:- 4(i) Petitioner remained Pradhan of Gram Panchayat Hamboli for the period 2005 – 2010. Petitioner’s wife Smt. Saroj Kumari 10 remained as Pradhan of Gram Panchayat Hamboli for the period 2001 – 2005 & 2015 – 2020. 4(ii) When roster for the seat of Pradhan, Gram Panchayat was published in the year 2020, petitioner got the entries of his family members removed from the Pariwar Register of Gram Panchayat Hamboli and got the same entered in Gram Panchayat Chururu. This was probably for the reason that seat of Pradhan of Gram Panchayat Hamboli was reserved at that time for Scheduled Caste category, whereas, the seat of Pradhan, Gram Panchayat Chururu was Un-reserved. Petitioner contested the election of Pradhan, Gram Panchayat Chururu. He won the same and remained Pradhan, Gram Panchayat Chururu for the period 2021 – 2026. 4(iii) While petitioner was Pradhan of Gram Panchayat Chururu, fresh process for mapping of votes was undertaken. Petitioner mapped his vote in village Bahedi even though he was Pradhan of Gram Panchayat Chururu. The obvious, prima facie, inference is that petitioner got mapped his vote in village Bahedi because he was ordinarily resident of village Bahedi. After mapping, petitioner’s vote was registered in village Bahedi. 4(iv) Gram Panchayat Hamboli was bifurcated in March, 2026. New Gram Panchayat Seri was created. Villages Seri and Bahedi have been included in Gram Panchayat Seri. Reservation roster of 11 District Una was published on 07.04.2026 wherein seat of Gram Panchayat Seri & Gram Panchayt Chururu have been kept reserved for Other Backward Classes category and seat of Gram Panchayat Hamboli has been kept as Un-reserved. 4(v) Petitioner moved application on 07.04.2026 for registering his vote & that of his family members in Gram Panchayat Hamboli on Form-2. Column No. 5 of the Form was not filled in by him. The said column pertained to furnishing information about the applicant having not been registered as voter previously. The contention of the respondents prima facie carries force that information furnished by the petitioner in Form-2 was not in consonance with Rule 18, petitioner having concealed the mandatory information in the form about his & family members having been registered as voters in Gram Panchayat Seri thereby entailing rejection of petitioner’s application on that ground alone. 4(vi) The three member Committee that investigated the complaint against the petitioner has concluded petitioner being ordinarily resident of village Bahedi that falls in Gram Panchayt Seri. Though learned Senior Counsel for the petitioner made strenuous efforts to dispute and dissect the statements made by the villagers before the Inquiry Committee and the observations otherwise made by the Inquiry Committee about the petitioner being ordinarily 12 resident of village Bahedi and not of Hamboli, however, at this stage, in view of the documents on record it cannot be said that petitioner is not ordinarily resident of village Bahedi. The respondents have mapped petitioner’s vote in village Bahedi. Petitioner did not raise objection at the relevant time. Just because petitioner alleges to have house in village Hamboli may not be sufficient to conclude at this stage that he is ordinarily resident of village Hamboli and not of Bahedi. According to the petitioner he had been residing at village Hamboli for the last three years, however, he had been Pradhan of Gram Panchayat Chururu for the last five years. There are statements on record that petitioner does not reside in village Hamboli and also to the effect that house in village Hamboli alleged by the petitioner to be his actually belongs to someone else and petitioner does not even reside in that house. 4(vii) It is further to be noticed that election programme for conduct of general elections to Panchayati Raj Institution of Himachal Pradesh has been notified by the State Election Commission Himachal Pradesh vide notification dated 29.04.2026. Bal Krishan & Ors. vs. State of H.P. & Ors.2 inter alia holds that the bar contained in Article 243-O operates at all stages of the election i.e. notification issued by the State Election Commission 2 2015 (6) ILR (HP) 914; CWP No. 4366 of 2015, decided on 07.12.2015. 13 calling upon the electorate to elect Pradhans and Up-Pradhans; reservation of offices of Pradhans in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and Women; preparation, printing and publication of electoral rolls (provisional and final), filing of nomination papers, scrutiny and withdrawal thereof; allotment of symbols; appointment of election agents; counting of votes and declaration of result. Reliance placed for petitioner upon press note dated 27.04.2026 is of no help to him as the same relates to Rule 24(3) of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 for inclusion of names in the finally published electoral roll. At this stage, petitioner cannot derive any benefit from this press note. 5. In view of above, petitioner’s prayer for grant of interim relief is not made out. Application is dismissed and to stand disposed of accordingly. CWP No. 6251 of 2026 Issue notice to respondent No. 5 returnable for 04.06.2026. Steps for service be taken within a week. Reply be filed by the respondents within the aforesaid period. List on 04.062026. Jyotsna Rewal Dua, May 07 , 2026 (PK) Judge