In a landmark decision, the Supreme Court has affirmed the ruling of the Himachal Pradesh High Court that mandates candidates contesting panchayat elections to disclose any pending criminal cases against them. This decision came as part of the case involving Basant Lal, the former pradhan of Pangna village panchayat in Mandi district, whose election was annulled due to non-disclosure of criminal charges.
The Himachal Pradesh High Court had earlier, on October 16, 2024, declared that Lal’s concealment of his pending criminal case constituted a “corrupt practice” under the Himachal Pradesh Panchayati Raj Act, 1994. This act of concealment was deemed a valid reason for nullifying his election.
Justices Surya Kant and N Kotiswar Singh of the Supreme Court stated that the state regulations, upheld by the High Court as subordinate legislation, require strict compliance by candidates. They remarked, “The concealment of that material fact per se was a valid ground to annul his election.”
Basant Lal faced disqualification from contesting elections for six years due to the non-disclosure, starting from February 2, 2025. Although later acquitted in the criminal case he initially concealed, the Supreme Court chose not to comment on the merit of this disqualification order since it was not the subject of the High Court challenge.
Addressing the severity of the disqualification, the bench expressed preliminary concerns, describing the six-year bar as “prima facie harsh and disproportionate” relative to the allegations against him. They added, “These are only prima facie observations at this stage. The petitioner, if so advised, may challenge that order before the high court in the appropriate proceedings.”
To avoid undue hardship to Lal, the Supreme Court has provisionally stayed the operation of the disqualification order for eight weeks, enabling him to contest the upcoming panchayat election for the position of pradhan, should it occur soon.
