USHA Vs. STATE OF HIMACHAL PRADESH & OTHERS

JUDGEMENT

(1.) The instant petition has been filed by the petitioner for grant of the following substantive relief:-

(2.) The moot question in this case that arises for consideration and determination is whether respondent No.4 was an encroacher over government land and, therefore disqualified from contesting election to the post of Pradhan, Gram Panchayat, Har.

(3.) Arguments in detail were heard on various dates, however, when the case came up for consideration on 28.09.2018, it was mutually agreed to between the parties that instead of going into the merits of the case, a Local Commissioner should be appointed whose report shall be final to find out whether respondent No.4 had encroached upon any portion of the government land on the date of the election i.e. 10.01.2016. It was further agreed to between the parties that each of them would deposit a sum of Rs. 50,000/- which would eventually go to the party in whose favour the Local Commissioner submits its report after deducting a sum of Rs.10,000/- towards Commissioner's fee. After taking the statement on record, the parties were directed to deposit the aforesaid amount. This is clearly evident from perusal of order which reads as under:-