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2026 DAILYLAW 8570 (HP)

DHARMENDER KUMAR v. STATE OF HP AND OTHERS

CWP/7137/2026 · 2026-05-08

Jyotsna Rewal Dua

body2026

Judgment text

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2026:HHC:15461 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7137 of 2026 Decided on: 8th May, 2026 ------------------------------------------------------------------------------------- Dharmender Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. G.R. Palsra and Mr. Manjeet Singh, Advocates. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1, 3 and 4-State. Mr. Surender Sharma, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner served as Up-Pradhan, Gram Panchayat Gawar, Post Office Sianj, Tehsil Chachiot, District Mandi during 2020-2025. He is desirous of contesting elections again. Respondent No.2-H.P. State Election Commission on 29.04.2026, has published the election schedule for ensuing general elections to Panchayati Raj Institutions of the respondent-State. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:15461 Petitioner’s case is that he had applied for issuance of No Objection Certificate from the concerned gram panchayat in terms of the requirement under the Himachal Pradesh Panchayati Raj Act, 1994, however, respondent No.4- Secretary, Gram Panchayat Gawar, Post Office Sianj, Tehsil Chachiot, District Mandi vide Annexure P-6, dated 04.05.2026, has refused to issue the No Objection Certificate on the cited reason that the petitioner has not as yet returned the articles belonging to the concerned gram panchayat. 2. During hearing of the case, learned counsel for the petitioner submitted that the petitioner is ready and willing to return all articles as detailed in Annexure P-2, dated 30.04.2026, issued by respondent No.4, whereafter, learned Deputy Advocate General was directed to have instructions in the matter. 3. Learned Deputy Advocate General has placed on record instructions from respondent No.4 dated 08.05.2026 to the effect that in case the petitioner returns all the articles, as detailed in Annexure P-2, by 10.05.2026, the concerned gram panchayat will have no objection in issuing the No Objection Certificate. 3 2026:HHC:15461 4. Taking note of the respective stands of the parties, this writ petition is disposed of with the order that in case the petitioner returns & deposits all the articles as qualified & quantified in Annexure P-2, dated 30.04.2026, at his own cost by 11:00 am on 10.05.2026 to respondent No.4, the requisite No Objection Certificate shall be issued in his favour by respondent No.4 on 10.05.2026 by 01:00 pm. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 08, 2026 Judge Mukesh