BALDEV SINGH Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THIS petition raises an interesting question of law. The question raised is whether a person who has applied for regularization of encroachment of the land can be deprived of his right to fight an election under the provisions of the Himachal Pradesh Panchayati Raj Act, 1994?

(2.) AT the very outset it would be apposite to make reference to the relevant provisions of the H.P. Panchayati Raj Act. Section 122 of the H.P. Panchayati Raj Act, 1994 sets out various disqualifications for contesting elections to the Panchayati Raj Institutions. Section 122(1)(c) of the said Act reads as under:

(3.) IT would be pertinent to mention that after these Rules were notified a number of persons who had encroached upon Government land filed applications for regularization in terms of the aforesaid Rules. These Rules have however been stayed by this Court in CWP No. 1028 of 2002. The State also amended the Panchayati Raj Act and the disqualification aforesaid was introduced with the intention of debarring the encroachers of Government land from contesting elections to the Panchayati Raj institutions.