In previous panchayat elections, many illegal encroachers heavily exploited this technical loophole in the law.
SHIMLA: 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.
During the Monsoon Session of the Legislative Assembly, Rural Development and Panchayati Raj Minister, Anirudh Singh introduced the Bill. 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. The list did not mention the daughter-in-law. Now, this Bill will replace that Ordinance in the Assembly. 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. Subsequently, an officer authorised by the state government will make a decision on the matter in consultation with the state Election Commission.
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 government had issued an ordinance in this regard on May 6.
