KARTAR CHAND Vs. STATE OF H.P

JUDGEMENT

(1.) THIS petition is directed against the order of the learned Deputy Commissioner, Kangra at Dharamshala dated 9.4.2007 whereby he has confirmed the order passed by the authorized officer, i.e., Sub Divisional Officer (Civil), Jaisinghpur setting aside the election of the petitioner for the post of Pradhan of Gram Panchayat, Ashapuri.

(2.) BRIEFLY stated the facts of the case are that elections to the Panchayati Raj Institutions in Himachal Pradesh were held in the month of December, 2005. The petitioner was one of the candidates, contesting for the post of Pradhan, Gram Panchayat, Ashapuri. Respondents No.4 to 6 had also submitted their nomination forms for the said post. Respondent No.4 filed objections before the Assistant Registrar praying that the nomination form for the petitioner be rejected since he is disqualified to contest the elections as he has encroached upon Government land. These objections were rejected. Polling was conducted on 22.12.2005 and the petitioner was declared elected as Pradhan, Gram Panchayat, Ashapuri.

(3.) REPLY was filed to the election petition and the writ petitioner denied that he had encroached upon Government land. He also denied that he had ever applied for regularization of the encroachment. According to him, he had not signed the form which has been alleged to have signed by him. After framing of issues, the main issue framed was whether the petitioner is an encroacher on Government land and thus qualified from being elected to the office of Pradhan of the Gram Panchayat.