URMILA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this petition filed under Article 226 of Constitution of India, petitioner Smt. Urmila Devi has assailed the order dated 10.1.2012 (Annexure P -1), passed by the Authorized Officer -cum -Sub Divisional Officer (Civil), Nurpur, District Kangra, H.P., in Election Petition No.18 of 2011, titled as Rasaldar Dev Raj versus Urmila Devi, whereby petitioner stands disqualified, under the provisions of Section 122(1)(c) of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the Act) and her election set aside. Her appeal also stands rejected by the Deputy Commissioner, Kangra at Dharamshala, in case No.5 of 2012, titled as Smt. Urmila Devi versus Sh. Rasaldar Dev Raj, vide order dated 3.6.2013 (Annexure P -3). Whether reporters of the local papers may be allowed to see the judgment?

(2.) PETITIONER Smt. Urmila Devi, contested and was elected as Member of the Block Development Committee (BDC), Gram Panchayats Ladori and Chowki, Tehsil Nurpur, District Kangra, H.P. Private respondent No.4 Shri Rasaldar Dev Raj challenged her election by filing an election petition under the provisions of Section 163 of the Act. The Authorized Officer allowed the same, holding that at the time of filing of nomination papers, petitioner was an encroacher on Government land and as such, entailed disqualification under the provisions of Section 122(1)(c) of the Act. She encroached Government land bearing Khasra No.113, measuring 0 -16 -18 HM situated in Mohal Sudial, P.O. Ladori, Tehsil Nurpur, District Kangra, H.P. Findings of fact stand affirmed by the lower appellate authority.

(3.) UNDISPUTED facts have to be appreciated in the backdrop of relevant statutory provision, which is reproduced herein under: