BASANT LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner, by invoking jurisdiction of this High Court under Article 226 of Constitution of India, has filed present petition for quashing and setting aside the order dtd. 3/2/2025 passed by the Deputy Commissioner, Mandi under Sec. 146(2) of the H.P.Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act') whereby No. 19317 of has been disqualified from contesting the election for a period of 6 years and to be elected as office bearer of the Panchayat etc.; and also for declaring Sec. 146(2) of the Panchayati Raj Act as ultra vires to the Constitution of India being arbitrary and violative of Articles 14 and 21 of the of Constitution of India.

(2.) Admitted facts are that petitioner was elected as Pardhan of Gram Panchayat Pangna, District Mandi in Panchayati Raj Institutions' elections held in November/December,2020. The said election was assailed by respondent No.4 by filing Election Petition on various grounds including that despite being well aware about pendency of Criminal Case No. 38 of 2018 titled as State of HP vs. Shanta Devi against him in the Court of Judicial Magistrate First Class, Karsog, in case FIR No. 114 of 2017, petitioner did not disclose this information in his Nomination Form on 17/2/2021. The Election Petition was allowed by the Sub Divisional Officer (Civil), Karsog on 25/4/2022 declaring election of petitioner as Pardhan, Gram Panchayat Pangna as null and void with finding that in his Nomination Form, petitioner had deliberately concealed his criminal antecedents especially information about pending criminal case against him involving punishment of 2 years imprisonment which attracted the provisions of Sec. 175(1((d)(iii) of the Act and willful concealment of under information by the petitioner attracted his disqualification 19317 of 2025 the provisions of the Sec. 122 (1)(n) of he Act providing disqualification of the candidate from contesting the future elections for making false declaration.

(3.) Appeal preferred by petitioner was dismissed by the Deputy of Commissioner, Mandi vide order dtd. 1/5/2023.