With the panchayat elections approaching, political and administrative activity has picked up in the region. The office bearers of the Kisan Sabha Baijnath, led by Akshay Jasrotia, visited the Deputy Commissioner’s office in Dharamshala on Friday and submitted a memorandum to Additional Deputy Commissioner Vinay Kumar, seeking clarification on issues related to alleged encroachers of government land and applicants under the Forest Rights Act (FRA), 2006.
The delegation raised concerns over the applicability of disqualification provisions under Section 122(1)(c) of the Himachal Pradesh Panchayati Raj Act, 1994. Citing an Election Commission communication, Akshay Jasrotia said the provision disqualifies individuals from contesting panchayat elections if they, or any member of their family, have encroached upon government, municipal, panchayat, or cooperative land, or have been evicted from such land, until six years have passed since such eviction or cessation of encroachment.
He further explained that “family member” under the provision includes a spouse, sons, unmarried daughters, and adopted children.
The Kisan Sabha also referred to its earlier petition dated December 31, 2020, submitted to the Chief Secretary of Himachal Pradesh, in which it was argued that individuals who have filed claims under the FRA, 2006, should not automatically be treated as encroachers while their claims remain pending. It stated that under Section 4(5) of the FRA, such applicants should not be declared ineligible for contesting Panchayati Raj elections, nor should action under Section 122(1)(c) be initiated against them until their claims are finally decided.
The organization urged the district administration to issue a clear directive on the issue, noting that there is ambiguity regarding the status of FRA applicants and alleged encroachers in the context of election eligibility.
The memorandum also highlighted that many individuals in rural areas have either been accused of encroachment on government land or have applied under the FRA, creating confusion over their eligibility to contest elections.
The Kisan Sabha said it has submitted copies of various relevant guidelines, which will be examined by the administration. It expressed hope that a legal and administrative resolution will be formulated to ensure that no eligible individual is unfairly excluded from the electoral process.
Officials indicated that necessary instructions, once finalized, will be communicated to block-level authorities through the Project Officer, DRDA, and District Planning Officer (DPO), ensuring that decisions are taken in accordance with legal provisions.
