URMILA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the order of the Deputy Commissioner, Una exercising powers of the Appellate Authority under The H.P. Panchayati Raj Act, 1994 (hereinafter referred to as the Act) whereby he allowed the appeal filed by the respondent No. 2 and set aside the order of the Sub Divisional Officer (Civil) Una exercising powers of the Authorized Officer under the Act. By means of the impugned order, the Appellate Authority has allowed the election petition and set aside the election of the petitioner as Pradhan of Gram Panchayat, Batt Kalan, Tehsil Haroli, District Una, H.P.

(2.) BRIEFLY stated the facts of the case are that the petitioner was elected as Pradhan, Gram Panchayat Batt Kalan, Tehsil Haroli, District Una, H.P. in the election held on 22nd December, 2005. Her election to this post was challenged by respondent No. 2 before the Sub Divisional Officer (Civil), Una exercising powers of the Authorized Officer under Section 161 of the H.P. Panchayati Raj Act, 1994. Though various points were raised in the election petition but we at this stage are only concerned with one issue which was the main subject matter of this election petition. According to the respondent No. 2, the father of the petitioner had encroached upon Government land and, therefore, the petitioner was not entitled to contest the election. The Sub Divisional Magistrate held that the father did not fall within the definition of the family of the petitioner and dismissed the election petition vide order dated 19th September, 2007. Aggrieved by this order, the respondent No. 2 filed an appeal before the Deputy Commissioner exercising the power of the Appellate Authority under the Act. The Deputy Commissioner relying upon some clarification issued by the H.P. State Election Commissioner has held that the father also falls within the definition of family and, therefore, has come to the conclusion that the petitioner was not entitled to contest the election and accordingly her election has been set aside.

(3.) TO appreciate the issue involved in this appeal, it would be appropriate to refer to the relevant portion of section 122 of the Act which reads as follows: -