Bara Panchayat Pradhan Election: HP High Court Rejects Kuldeep Chand’s Plea
The Himachal Pradesh High Court upheld the election of Sarita Devi as Bara Panchayat Pradhan, dismissing Kuldeep Chand's petition over procedural lapses.
The Himachal Pradesh High Court has delivered a significant blow to Kuldeep Chand by dismissing his petition challenging the election of Sarita Devi as the Pradhan of Gram Panchayat Bara in the Bilaspur district. The court's decision solidifies the victory of Sarita Devi, upholding previous orders issued by local administrative authorities.
Procedural Failures Lead to Dismissal
Justice Sandeep Sharma, while presiding over the case, upheld the decisions made by the Deputy Commissioner of Bilaspur and the Sub-Divisional Officer (Civil). The court found that Kuldeep Chand’s attempt to contest the election was riddled with multiple procedural lapses that could not be overlooked.
The High Court highlighted several critical failures in the filing of the election petition, including:
- Financial Negligence: The petitioner failed to deposit the mandatory security amount required by law.
- Lack of Verification: There were significant omissions regarding proper signatures and the necessary verification of pleadings and annexures.
- Timing Issues: The petition was filed after the expiration of the 30-day limitation period, and notably, no application was submitted to request a condonation of this delay.
- Unauthorized Representation: The court observed that the petition had been presented by a person who was not authorized to do so.
Strict Adherence to the Law
During the proceedings, arguments were made that these procedural defects should be allowed to be rectified. However, the High Court rejected this notion, emphasizing that the laws governing election petitions are strict and must be followed to the letter.
The court specifically cited Sections 163, 164, and 165 of the Himachal Pradesh Panchayati Raj Act, 1994, along with Rule 95. Justice Sharma noted that the non-compliance with these statutory requirements left the court with no choice but to dismiss the petition.
Final Verdict
By dismissing the plea, the High Court has effectively validated the administrative decisions that rejected Chand's challenge. As a result, Sarita Devi remains the legally recognized Pradhan of Gram Panchayat Bara, ending the legal battle over her election.