PARDEEP RAIK Vs. PAWAN KUMAR AND ANR.

JUDGEMENT

(1.) THIS petition is directed against the order dated 22.1.2007 passed by the Deputy Commissioner, Shimla, in case No. 24 of 2006 whereby he dismissed the appeal filed by the Petitioner and upheld the order of the Authorized Officer -cum -Sub Divisional Officer (C), Theog dismissing the Election Petition filed by the Petitioner.

(2.) BRIEFLY stated, the facts of the case are that the Petitioner and Respondent No. 1 herein both contested the election to the post of Pardhan, Gram Panchayat Pandli. Even when the Respondent filed the nomination papers the Petitioner objected to the candidature of the Respondent No. 1 on the ground that the said Respondent had encroached upon Government land and was therefore disqualified from contesting the election. Section 122 of the H.P. Panchayati Raj Act, 1994 sets out various disqualifications for contesting elections to the Panchayati Raj Institutions. Section 122(1)(c) of the said Act reads as under:

(3.) THE Returning Officer rejected the contention of the Petitioner and finally elections were held and the Respondent was elected. Thereafter, the Petitioner filed an election petition in which the main ground of challenge was that the Respondent No. 1 had encroached upon 4 bighas and 10 biswas of Government land comprised in khasra No. 746/334/4, 746/334/4/1 situated in Chak Chaithla, Tehsil Kotkhai, District Shimla and was therefore disqualified from contesting the elections. Reliance on behalf of the Petitioner has mainly been placed on the application filed by the Respondent No. 1 for regularization of the encroachment over the land in terms of Himachal Pradesh Regularization of Encroachments (in Certain Cases) on Government Land and Disposal of Government Land Rules, 2002 (hereinafter referred to as the Rules of 2002).