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2026 DAILYLAW 9683 (HP)

KARAM SINGH v. STATE ELECTION COMMISSION AND OTHERS

CWP/7831/2026 · 2026-05-19

Jyotsna Rewal Dua

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7831 of 2026 Decided on: 19.05.2026 Karam Singh …..Petitioner Versus State of H.P & others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sanjeev Kumar Suri, Advocate. For the Respondents: Mr. Surinder Kumar Sharma, Advocate, for respondent No.1. Mr. L.N. Sharma, Additional Advocate General, for respondents No. 2 to 5. Mr. Nand Lal Thakur, Advocate, for respondent No.7. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Petitioner’s case is that respondents No. 6- 10 presented nomination papers for contesting elections for the office of Pardhan, Gram Panchayat, Lehtach, Tehsil Thunag, District Mandi, H.P. Petitioner had preferred objection on 11.05.2026 against the nomination papers presented by respondents No. 6-10 alleging encroachments made by respondents No. 6 to 10 on government land. Learned counsel for the petitioner submits that petitioner’s objection has not been dealt with by respondent No.4 in accordance with law. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 The substantive reliefs prayed for by the petitioner read as under:- “I. Issue a Writ of Certiorari or any other appropriate writ, order or direction, rejecting/quashing the acceptance of nominations of respondents No. 6 to 10 to contest elections to the post of Pradhan, Gram Panchayat lehtach, being illegal, arbitrary and in violation of the provisions of the Himahcal Pradesh Panchayati Raj Act, 1994; II. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to declare respondents Nos. 6 to 10 ineligible and disqualified from contesting the election for the post of Pradhan, Gram Panchayat Lehtach, on the ground of their illegal encroachment upon government land. III. Issue a Writ of Prohibition or any other appropriate writ, order or direction, restraining the respondents No. 6 to 10 from participating in the election to the post of Pradhan, Gram Panchayat Lehtach, pending disposal of this petition.” 2. Learned counsel for respondent No.7 submits that respondents No. 6, 8 to 10 have withdrawn their nomination papers and nomination papers presented by respondent No.7 have been accepted. 3. Learned counsel appearing for respondent No.1- State Election Commission has placed on record the order passed by respondent No.4 on 13.05.2026 accepting nomination presented by respondent No.7 in light of notification/clarification issued by State Panchayati Raj Department on 08.05.2026. 3 4. Taking note of above, the relief prayed for by the petitioner cannot be granted to him in this writ petition at this stage. It is open for the petitioner to seek appropriate remedy for redressal of his grievance in accordance with law keeping in view the provisions of H.P. Panchayati Raj Act at an appropriate stage. Pending miscellaneous application(s) if any, to also stand disposed of. Jyotsna Rewal Dua May 19, 2026 Judge yogesh