- (1.) The moot point arising for consideration in the present petition is as to whether election of private respondent Smt. Promila Devi as Pradhan of Gram Panchayat Paniyali, Tehsil Nadaun, Distt. Hamirpur can be set aside on account of disqualification suffered under the provisions of Section 122 (1)(c) of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the Act). Her husband had sought regularization of his unauthorized possession over public/government land regularized.
(2.) In the present petition filed under Article 226 of Constitution of India, petitioner Smt. Veena Banyal has assailed the order dated 22.5.2013 (Annexure P-2), passed by the Deputy Commissioner, Hamirpur, H.P., in Case No. 14/2011, titled as Smt. Promila Devi vs. Smt. Veena Devi & another, reversing the order dated 29.11.2011 (Annexure P-1), passed by Authorized Officer-cum-Sub Divisional Officer (Civil), Nadaun, Distt. Hamirpur, H.P., in Election Petition No. 1 of 2011, titled as Smt. Veena Banyal vs. Smt. Promila Devi & another, setting aside the election of private respondent Smt. Promila Devi as Pradhan of Gram Panchayat Paniyali, Tehsil Nadaun, Distt. Hamirpur.
(3.) Smt. Promila Devi contested and was elected as Pradhan of Gram Panchayat Paniyali, Tehsil Nadaun, Distt. Hamirpur. Petitioner Smt. Veena Baniyal challenged the same by filing an election petition under the provisions of Sections 162, 163, 175-A and 122(1)(c) of the Act. In the said petition the Authorized Officer-cum-Sub Divisional Officer (Civil), Nadaun, Distt. Hamirpur, framed the following issues: "1. Whether the respondent No. 1 is disqualified to be appointed as Pradhan as alleged OPP 2. Whether the petitioner is to be appointed as Pradhan if Issue No. 1 is decided in affirmative OPP 3. Whether the petition is not maintainable as alleged OPR 4. Whether the petition is bad for non-joinder of State of H.P. OPR 5. Relief.";