HP High Court stays govt order, allows ASHA workers in panchayat polls

The Himachal Pradesh High Court has stayed a state govt order, granting interim relief to ASHA workers and allowing them to contest the upcoming Panchayat elections. The court found a prima facie case in their favour, ruling they are not part-time staff.

Granting interim relief to ASHA workers, the Himachal Pradesh High Court has stayed the state government's May 2, 2026, communication that had declared them ineligible to contest Panchayat elections by classifying them as part-time employees. The order came while hearing a petition filed by seven ASHA workers in Reena Devi & Others vs State of Himachal Pradesh, challenging their disqualification under provisions of the Himachal Pradesh Panchayati Raj Act, 1994. A division bench observed that a prima facie case was made out in favour of the petitioners and ordered that the impugned communication dated May 2 be stayed till further orders. The Court has listed the matter for further hearing on June 1, 2026, and granted the state government two weeks to file its reply.

Petitioners' Arguments

The petitioners argued that ASHA workers are honorary volunteers under the Government of India guidelines and are not regular, contractual, or even part-time employees. They contended that they receive only performance-based incentives rather than a fixed salary or honorarium, and therefore cannot be disqualified from contesting elections on the grounds applicable to government employees. Counsel for the petitioners also cited earlier government communications and central guidelines stating that ASHA workers are voluntary activists and not salaried staff, reinforcing their eligibility to participate in Panchayati Raj institutions.

Impact on Upcoming Elections

Taking note of these submissions, the Court granted interim protection to the petitioners, effectively allowing ASHA workers across the state to contest the upcoming Panchayat elections. The elections are scheduled to be held in three phases on May 26, 28, and 30 across 3,758 Panchayats in Himachal Pradesh. The nomination process is set to begin on May 7 for posts including Pradhan, Up-Pradhan, Ward Member, Panchayat Samiti Member, and Zila Parishad Member. The interim stay is expected to have a significant impact on the electoral process, as it clears the way for ASHA workers to participate pending final adjudication of the case. (ANI)

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