- (1.)Leave granted.
(2.)The issue, which is subject matter of consideration in the instant appeal, relates to the validity of the election of the Appellant-Duni Chand as Pradhan, Gram Panchayat, Ghanala, Sub-Tehsil Sandhol, District Mandi, Himachal Pradesh. Nomination papers in the aforesaid election were to be submitted from 13th to 15th December, 2010. In the election programme issued vide notification dated 4.12.2010 (by the State Election Commission, Himachal Pradesh), 16.12.2010 was fixed for scrutiny of the nomination papers. It is not a matter of dispute, that the Appellant submitted his nomination papers well in time on 15.12.2010. It is therefore apparent, that the submission of nomination papers was in conformity with the election programme.
(3.)The case set up against the Appellant was, that his nomination papers were liable to be rejected on scrutiny. Insofar as the instant aspect of the matter is concerned, the assertion against the Appellant was, that an ejectment order from government land was rendered against the Appellant, by the Assistant Collector, 2nd Grade, Sandhole, on 12.4.2010. It was pointed out, that the above ejectment order rendered the acceptance of the nomination papers invalid. In this behalf, reliance was placed on Section 122(1)(c) of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the '1994 Act'). A relevant extract of the aforesaid provision is being reproduced hereunder:
122(1):

(a) & (b) xxx

(c) - If he or any of his family member(s) has encroached upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he or any of his family member, as the case may be, is ejected there from or ceases to be the encroacher; or

Explanation-For the purpose of this clause the expression "family member" shall mean the spouse, their son(s), unmarried daughter(s) and adopted son and unmarried daughter.

(bb) to (o) xxx

(2) xxx