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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6986 of 2026 Decided on: 07.05.2026 Lalit Mohan …..Petitioner Versus State of H.P and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ramesh Chand Sharma, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate
General
for
respondents No. 1 to 4. Mr. Surinder Sharma, Advocate for respondent No.6. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Keeping in view the grievance of the petitioner, H.P. State Election Commission is impleaded as respondent No.6. Amended memo of parties placed on record by the petitioner during hearing of the case is taken on record. Notice confined to respondents No. 1 to 4 and 6, which is waived of by learned Additional Advocate General for respondents No. 1 to 4 and Mr. Surinder Sharma, learned counsel for respondent No.6. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
2. Petitioner seeks a direction to the respondents for including his name in the electoral roll/ voting list of Gram Panchyat, Kothi, Ward No.2, Tehsil Arki, District Solan, H.P. It is the case of the petitioner that he is resident of Gram Panchyat, Kothi, has landed property in village Sehbar, Ward No.2 of Gram Panchyat, Kothi. Petitioner has been entered as voter in Gram Panchyat Hatkot. That petitioner submitted his claim on 29.04.2026 for inclusion of his name in the electoral roll of Gram Panchyat, Kothi, Ward No.2 in Form-2 in terms of Rule 18(1) & 24 of H.P. Panchyati Raj Election Rules, 1994. The respondents did not decide the claim of the petitioner. 3. Learned Additional Advocate General has placed on record report from Secretary, Gram Panchyat, Kothi, Development Block, Kothi dated 07.05.2025 to the effect that petitioner was resident of erstwhile Gram Panchyat, Kothi prior to its forming part of Nagar Panchyat, Kunihar; At present, petitioner is resident of Nagar Panchyat, Kothi and his name is included in the electoral roll of Nagar Panchayat, Kunihar, Ward No.1, Kothi-1 at Sr. No. 135. 4. Rule 24 of H.P. Panchyati Raj Election Rules provides for inclusion of names in the final electoral roll.
In terms of Sub-Rule (1) thereof, any person whose name
3 is not included in the electoral roll can make an application in Form-2 to the District Election Officer (Panchayats) for inclusion of his name in that electoral roll. As per Sub-Rule (2) of Rule 24, the District Election Officer (Panchayats) immediately on receipt of application under Sub-Rule (1) will direct to place copy of such application at conspicuous place in his office with a notice inviting objections to such application within four days from such pasting. As per Sub-Rule (3) of Rule 24, the District Election Officer (Panchayats) after the expiry of period in Sub-Rule (2) shall consider the objections if any, received and if satisfied that the applicant is entitled to be registered in the electoral roll, will direct inclusion of such name within a period of three days. The Second proviso to sub-Rule (3) stipulates that an application under the rule shall not be submitted after the notification of election programme under Rule 32 of ‘these Rules’. In terms of Sub-Rule (4) of Rule 24, in case of rejection of application under Sub-Rule (1), the applicant has been given remedy of appeal within a period of 10 days from the date of rejection of inclusion of the name, to the State Election Commission. 4. In the instant case, the petitioner had admittedly applied for inclusion of his name in the
4 electoral roll of Gram Panchayat, Kothi on 29.04.2026. It is a matter of record that respondent No.6 in exercise of powers under Article 243-K of the Constitution of India, Section 160 of the H.P. Panchayati Raj Act, 1994 read with Rule 32 of H.P. Panchayati Raj (Election) Rules, 1994, had notified the election programme for conduct of general elections of Panchayati Raj Institutions of the State by notification dated 29.04.2026. That being the position, in view of Rule 24 of the H.P. Panchayati Raj (Election) Rules, 1994, the relief as prayed for by the petitioner cannot be allowed to him in this petition. Accordingly, petition fails and is dismissed. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua May 07, 2026
Judge yogesh