3 min readMay 7, 2026 08:05 AM IST
A division bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma Wednesday stayed a notification issued by the Himachal Pradesh government barring the Accredited Social Health Activist (ASHA) workers from contesting the Gram Panchayat elections.
The order came in response to the petitions filed by the workers challenging the notification, maintaining that they did not fall in the category of permanent or contractual government employees. The notification from the state issued last month put the ASHA workers in the category of government employees, who were not allowed to participate in the Panchayat elections.
The HC also issued notices to the state and the State Election Commission. The matter has been listed for the next hearing on June 1.
The petitioners contended that the government issued a clarification on May 2, maintaining that the workers were treated as part-time functionaries receiving a fixed monthly honorarium along with performance-based incentives.
On this basis, they were declared ineligible to be elected as office-bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.
The court, prima facie, observed that the ASHA workers are not government employees and hence cannot be disqualified from contesting elections.
Candidate, his/her son, daughter-in-law found involved in land encroachment not eligible to contest Panchayat election:
Story continues below this ad
On Wednesday, Governor Kavinder Gupta approved an amendment stating that if the son and daughter-in-law of a person were ‘found’ involved in any land encroachment case, the person will not be eligible to contest the polls.
The Law Department has issued a notification with immediate effect. The notification states, “Amendment of section 122. —In section 122 of the Himachal Pradesh Panchayati Raj Act, 1994,— (a) in sub-section (1), in the Explanation to clause (e), after the word ‘son’, the signs and words, ‘daughter-in-law’ shall be inserted. (b) in sub-section(2), in the Explanation to clause (d), after the word ‘son’, the signs and words, ‘daughter-in-law’ shall be inserted.” Section 122 pertains to the disqualification of Panchayat official bearers.
Gazetted holiday on the days of Panchayat elections
The state government declared gazetted holidays for the days of polling for Gram Panchayat elections on May 26, May 28 and May 30.
A government spokesperson said all the government institutes and private educational institutes will remain closed on days of panchayat elections.
© The Indian Express Pvt Ltd
