Summary of this article
Candidates or family members involved in land encroachment face disqualification
Drug-related cases, especially under NDPS Act, make aspirants ineligible
Rule could impact many in rural areas where land disputes are widespread
As Himachal Pradesh gears up for Panchayat elections next month, the initial excitement is giving way to unease among sections of aspirants, especially those under the scanner for encroachments on public and forest land and for drug-related activities.
This development follows the notification of the reservation roster by Deputy Commissioners (DC) for seats and wards designated for women, Scheduled Castes (SC), OBCs (Other Backward Classes), and Scheduled Tribes (STs), a mandatory step before the election schedule is announced in the state.
Initially, the Himachal Pradesh government had given powers to the DCs to use their discretion for changing the approved roster in up to five percent of the panchayats. However, the Himachal Pradesh High Court struck down the move, terming it unconstitutional and advising DCs to strictly follow lawful provisions, noting that misuse of discretion could create confusion and deprive eligible candidates belonging to SCs, STs, and OBCs.
After the controversy settled, aspirants were faced with a new condition under disqualification rules relating to land encroachments and drug-related cases.
As per provisions of the Panchayati Raj Act, which the government has decided to enforce strictly, any person, or their close family members, accused of illegal occupation of government land or other properties will be debarred from contesting the polls.
Concealment of vital information about land encroachments will invite disqualification if the individual is elected to any Panchayati Raj Institution (PRI) position.
Under Section 122 of the Himachal Pradesh Panchayati Raj Act, 1994, not only the eligibility of candidates but also their family status will directly affect the right to contest elections.
According to this rule, if illegal occupation (encroachment) is registered on government land in the name of a candidate's family members, such as grandparents or parents—it affects the next generation as well.
“In such cases, even a grandson, son, or unmarried daughter can be disqualified from contesting Panchayat elections,” said a senior official of the Panchayati Raj department.
Similarly, if a husband and wife are involved in illegal possession in someone else’s name, they will be ineligible to contest elections. If an unmarried daughter holds such illegal possession, she too will not be eligible. It is not just a matter of personal conduct, the legal status of the entire family will determine the candidate’s eligibility.
This provision, rooted in the Himachal Pradesh Panchayati Raj Act, aims to ensure clean governance but could affect a large number of aspirants, especially in rural areas where encroachment disputes are common.
Officials note that the law is silent on the status of the daughter-in-law in terms of disqualification. As a result, she may still be considered eligible to contest elections for posts such as Panch, Pradhan, or other PRI positions.
Himachal Pradesh is among the pioneering states to introduce 50 percent reservation for women in PRIs. A 2008 amendment to the Act increased the quota from 33 percent to 50 percent, with official data indicating that women now hold over 55 percent of positions, exceeding the reserved share.
Earlier, the state assembly had also passed legislation debarring individuals accused of involvement in drug-related crimes from contesting polls.
The move comes after Chief Minister Sukhwinder Singh Sukhu ordered a major crackdown on the drug mafia in the state and led awareness campaigns, including district-wise anti-drug rallies.
The issue was raised during the state assembly’s budget session, where the government shared alarming data on drug overdose deaths and seizures.
A total of 66 people have died due to drug overdose in the state between 2023 and January 31, 2026, with 27 deaths reported in 2025 alone.
According to data tabled in the assembly, eight deaths were recorded in 2023 and 31 in 2024. No overdose deaths have been reported so far in January 2026.
However, it is widely believed that several overdose deaths go unreported, as families are often reluctant to acknowledge addiction.
Technical Education Minister Rajesh Dharmani said, “The Himachal Pradesh government has taken proactive steps to amend the Panchayati Raj Act, 1994, to disqualify individuals involved in drug offences, specifically ‘chitta’ (heroin) trafficking, from contesting or holding office in Panchayati Raj Institutions.”
The amendment, the Himachal Pradesh Panchayati Raj Amendment Bill, 2026, targets individuals with registered drug trafficking cases, particularly those where charges have been framed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
