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2026 DAILYLAW 8857 (HP)

AMARJEET KAUR v. STATE OF HP AND OTHERS

CWP/7783/2026 · 2026-05-18

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7783 of 2026 Decided on: 18th May, 2026 ------------------------------------------------------------------------------------- Amarjeet Kaur …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Naveen Awasthi, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 and 3 to 6. Mr. Surender Sharma, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner feels aggrieved against rejection of her nomination by respondent No.6 on 13.05.2026 presented for the office of Pradhan (reserved for OBC Woman), Gram Panchayat Dabhota, Tehsil Nalagarh, District Solan. 2. Heard learned counsel for the parties and considered the case file. 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 3. Petitioner’s case is that she is a bonafide Himachali with her name registered at Sr. No.381 in the voter list of the concerned gram panchayat. According to the petitioner, she belongs to Jhinwar caste by birth in the State of Haryana. The said caste is stated to be recognized as Other Backward Class (OBC) in the State of Haryana. Petitioner claims to have solemnized marriage with one Sh. Guprit Singh, resident of VPO Dabhota, Tehsil Nalagarh, District Solan, who is also stated to be belonging to Jhinwar caste and the said caste is reported to be recognized as OBC in the State of Himachal Pradesh as well. Respondent No.6 has rejected petitioner’s nomination keeping in view clarification dated 08.05.2026 (Annexure P-8) read with caste certificate issued by the Tehsildar concerned on 05.05.2026. 4. In view of clarification dated 08.05.2026 (Annexure P-8) and the remedy available to the petitioner under the provisions of the Himachal Pradesh Panchayati Raj Act, 1994 (in short ‘the Act’), at this stage, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to avail the appropriate remedy available to her in form of election petition under the provisions of the Act. 3 Granting such liberty, the present writ petition is disposed of as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua May 18, 2026 Judge Mukesh