IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8383 of 2010 Decided on: 22.12.2010 Kamlesh Kumari …Petitioner Versus State of H.P. and ors. …Respondents. Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. Neeraj K. Sharma, Advocate. For the respondents: Mr. R.K. Bawa, A.G with Mr. J.K. Verma, Dy. A.G. for respondents No. 1, 2,3 and 6. Mr. Onkar Jairath, Advocate, for respondent No.4. Justice V.K. Ahuja, J (Oral): The candidature of the petitioner for the election of Pradhan in Gram Panchayat, Rajnagar has been rejected on the ground that her husband is an encroacher and has filled-in the declaration as well as affidavit having encroached upon the government land. The nomination has been rejected on the ground that it is covered by the definition ‘husband’. Mere fact that the affidavit was not proved on record, at this stage, we cannot look into the same once there was a declaration proved on record and the election process has already started. Therefore, there is no merit in the petition and the same is dismissed without prejudice to 2 right of the petitioner to file a properly constituted election petition taking therein all grounds available to him including the grounds taken in writ petition. 2. The writ petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja), December 22, 2010 Judge (tilak/pankaj)