The Supreme Court has upheld the Himachal Pradesh High Court’s decision that candidates contesting panchayat elections must disclose any pending criminal cases against them, calling concealment of such information a “corrupt practice” under the Himachal Pradesh Panchayati Raj Act, 1994.
A bench of Justices Surya Kant and N Kotiswar Singh rejected the plea of Basant Lal, former pradhan of Pangna village panchayat in Mandi district, who challenged his disqualification. The court said that the rules framed by the State Election Commission are valid subordinate legislation, making it mandatory for candidates to comply.
“We fail to find any merit in the petitioner’s challenge to the High Court’s judgment,” the bench noted. It emphasized that Lal had deliberately filed a false affidavit, concealing the fact that a criminal case was pending against him — a valid ground to annul his election.
Background of the Case
Basant Lal was elected as pradhan on January 17, 2021. However, his election was contested by Jitender Mahajan, a candidate who finished third, through an election petition. Mahajan alleged that Lal had failed to disclose a pending criminal case.
The election tribunal, led by the sub-divisional magistrate, ruled against Lal, finding that the concealment of the criminal case — punishable with up to two years in jail — amounted to corrupt practice. Lal’s subsequent appeals to the deputy commissioner and then the High Court were dismissed, with the High Court on October 16, 2024, confirming his disqualification.
Supreme Court’s Observations
During the hearing, Lal informed the Supreme Court that he had been disqualified for six years from contesting elections as of February 2, 2025, due to the non-disclosure. However, he has since been acquitted in the criminal case in question.
Recognizing this, the Supreme Court observed that the six-year disqualification appeared to be “prima facie harsh and disproportionate” given Lal’s acquittal. However, the bench clarified that these were only preliminary observations and refrained from making a final ruling on the six-year ban since it was not part of the case before the High Court earlier.
Relief for Basant Lal
To prevent “irreversible hardship,” the Supreme Court stayed the operation of the six-year disqualification order for eight weeks, allowing Lal to contest any upcoming elections if held soon. It advised Lal to approach the High Court separately to challenge the disqualification order through proper legal channels.
The top court’s order was issued on April 17, providing Lal a temporary window to seek relief.
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