Shimla, Sep 1 (SocialNews.XYZ) In a severe blow to land encroachers, who are gearing up for panchayat elections, the Congress government in Himachal Pradesh led by Chief Minister Sukhvinder Sukhu, on Tuesday introduced the Himachal Pradesh Panchayati Raj (Second Amendment) Bill, 2026, putting an end to the "smart game" played by encroachers.
If any family member has illegally occupied government or ‘shamilat (common village)' land, their daughter-in-law will also be barred from contesting elections, says the Bill.
In previous panchayat elections, many illegal encroachers heavily exploited this technical loophole in the law.
Upon being declared ineligible to contest the polls themselves, leaders would field their bahus in the electoral fray for the posts of panchayat pradhan, block development committee (BDC) member, or Zila Parishad member and rule by proxy.
Since a daughter-in-law is part of the family and, directly or indirectly a beneficiary of the encroachment, the Himachal Pradesh government has now permanently closed this loophole.
During the Monsoon Session of the Legislative Assembly, Rural Development and Panchayati Raj Minister, Anirudh Singh introduced the Bill.
In fact, the definition of an encroacher’s family under the old Panchayati Raj Act (1994) included only grandparents, parents, spouse, son, and unmarried daughter. The list did not mention the daughter-in-law. The government had issued an ordinance in this regard on May 6. Now, this Bill will replace that Ordinance in the Assembly.
Under the new amendment, the scope of the definition of an encroacher (beneficiary) has been expanded. Now, if a candidate or any of their family members, including the daughter-in-law, is found guilty of land encroachment, they will be completely disqualified from contesting elections for six years, starting from the date they relinquish possession or are evicted. The candidature will also be cancelled.
Under Section 122 of the Act, candidates will be deemed ineligible based on specific strict rules, in addition to the provision regarding land encroachment.
Grounds for disqualification include charges pending in a court under the NDPS Act (Narcotics Drugs and Psychotropic Substances Act) for drug trafficking; having outstanding taxes, fees, or dues payable to the Panchayat, Panchayat Samiti, or Zila Parishad; holding any form of employment, regular, part-time, daily wage, or contractual, with the panchayat or government undertakings; providing false information or an incorrect declaration in the nomination papers; and being convicted of election offenses, corrupt practices, or crimes involving moral turpitude, carrying a sentence of up to six years.
According to the Bill, if any complaint or question arises regarding a candidate's disqualification, the individual concerned will be given an opportunity to present their side.
Subsequently, an officer authorised by the state government will make a decision on the matter in consultation with the state Election Commission.
Source: IANS
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