Karam Singh Vs State Election Commission and Others — Himachal Pradesh HC (2026) — LawSathi Research

Karam Singh Vs State Election Commission and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the acceptance of nominations of respondents No. 6 to 10 to contest the election for the post of Pradhan, Gram Panchayat Lehtach was illegal, arbitrary and in violation of the provisions of the Himachal Pradesh Panchayati Raj Act, 1994 (on account of alleged encroachment on government land), warranting its rejection/quashing via a writ of Certiorari. +1 more

Court's answer

The relief prayed for by the petitioner (rejection/quashing of the acceptance of nominations of respondents No. 6 to 10) cannot be granted to him in this writ petition at this stage.

Ratio / Principle

It is open to the petitioner to seek an appropriate remedy for redressal of his grievance in accordance with law, keeping in view the provisions of the H.P. Panchayati Raj Act, at an appropriate stage.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Ms. Justice Jyotsna Rewal Dua), CWP No. 7831 of 2026, decided 19.05.2026. Petitioner Karam Singh had objected (objection dated 11.05.2026) to the nomination papers of respondents No.6-10 for the post of Pardhan/Pradhan, Gram Panchayat Lehtach (Tehsil Thunag, District Mandi, H.P.), alleging encroachment by them on government land, and sought via writ of Certiorari/Mandamus/Prohibition the rejection of those nominations and disqualification of the respondents as violative of the Himachal Pradesh Panchayati Raj Act, 1994. During proceedings it emerged (as submitted by counsel for respondent No.7) that respondents No. 6, 8 to 10 had withdrawn their nominations and that the nomination of respondent No.7 had been accepted by respondent No.4 on 13.05.2026 in light of a clarification issued by the State Panchayati Raj Department on 08.05.2026. Taking note of this, the Court held that the relief prayed for could not be granted in the writ petition at this stage, left the petitioner free to seek an appropriate remedy under the H.P. Panchayati Raj Act at an appropriate stage, and disposed of pending miscellaneous applications; the petition thereby failed (recorded here as dismissed). No precedent case was engaged with; no dissent.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 7831 of 2026 Decided on: 19.05.2026

Karam Singh …..Petitioner

Versus

State of H.P & others ..Respondents

------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?¹

For the Petitioner: Mr. Sanjeev Kumar Suri, Advocate.

For the Respondents: Mr. Surinder Kumar Sharma, Advocate, for respondent No.1. Mr. L.N. Sharma, Additional Advocate General, for respondents No. 2 to 5. Mr. Nand Lal Thakur, Advocate, for respondent No.7.

Jyotsna Rewal Dua, Judge

Petitioner’s case is that respondents No. 6- 10 presented nomination papers for contesting elections for the office of Pardhan, Gram Panchayat, Lehtach, Tehsil Thunag, District Mandi, H.P. Petitioner had preferred objection on 11.05.2026 against the nomination papers presented by respondents No. 6-10 alleging encroachments made by respondents No. 6 to 10 on government land. Learned counsel for the petitioner submits that petitioner’s objection has not been dealt with by respondent No.4 in accordance with law.

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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The substantive reliefs prayed for by the

petitioner read as under:-

“I. Issue a Writ of Certiorari or any other appropriate writ, order or direction, rejecting/quashing the acceptance of nominations of respondents No. 6 to 10 to contest elections to the post of Pradhan, Gram Panchayat lehtach, being illegal, arbitrary and in violation of the provisions of the Himahcal Pradesh Panchayati Raj Act, 1994;

II. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to declare respondents Nos. 6 to 10 ineligible and disqualified from contesting the election for the post of Pradhan, Gram Panchayat Lehtach, on the ground of their illegal encroachment upon government land. III. Issue a Writ of Prohibition or any other appropriate writ, order or direction, restraining the respondents No. 6 to 10 from participating in the election to the post of Pradhan, Gram Panchayat Lehtach, pending disposal of this petition.”

2. Learned counsel for respondent No.7 submits

that respondents No. 6, 8 to 10 have withdrawn their nomination papers and nomination papers presented by respondent No.7 have been accepted.

3. Learned counsel appearing for respondent No.1- State Election Commission has placed on record the order passed by respondent No.4 on 13.05.2026 accepting nomination presented by respondent No.7 in light of notification/clarification issued by State Panchayati Raj Department on 08.05.2026.

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4. Taking note of above, the relief prayed for by

the petitioner cannot be granted to him in this writ petition at this stage. It is open for the petitioner to seek appropriate remedy for redressal of his grievance in accordance with law keeping in view the provisions of H.P. Panchayati Raj Act at an appropriate stage. Pending miscellaneous application(s) if any, to also stand disposed of.

May 19, 2026 yogesh

Jyotsna Rewal Dua Judge