Judgment : Sanjay Karol, J (oral) Having heard learned counsel for the parties as also perused the case record, we are of the considered view that there is neither any illegality nor any perversity or error apparent on the face of record with the impugned orders dated 3.11.2011 (Annexure P-3) and 2.8.2013 (Annexure P-4), passed by the authorities below, under the provisions of HP Panchayati Raj Act, 1994(hereinafter referred to as the “Act”). 2. Petitioner contested election for the post of Pradhan, Gram Panchayat, Kitpal, Tehsil Nadaun, District Hamirpur, H.P. Private respondent Meeran Devi filed an election petition under the provisions of Section 162 of the Act. The ground of challenge was that as on the date of filing of nomination, petitioner Sheela Devi was ineligible. Petitioner entailed dis-qualification in terms of Sub Section (c) of Section 122 of the Act. Husband of the petitioner alongwith his family members encroached upon Government land bearing Khasra No. 864 and filed an application for regularization of such encroachment. To establish such fact, application (Annexure R-1) was placed on record, perusal of which shows that the same is signed by Gian Chand, Lal Chand and Vimla Devi. Undisputedly, Lal Chand is the real brother of Gian Chand and Vimla Devi is the widowed wife of their brother Madan Lal. 3. Deputy Commissioner, in the impugned order dated 2.8.2013 (Annexure P-4) has returned findings to the effect that on land bearing Khasra No. 864, fruit trees have been planted. Land jointly belonging to Lal Chand, Gian Chand and Vimla Devi being Khasra No. 863 and 865 is adjacent to Khasra No. 864, which undisputedly is owned by the Government. 4. Significantly way back in the year 2002, joint application (Annexure R-1) was filed on behalf of Lal Chand seeking regularization of the land under their unauthorized occupation, in terms of policy for regularization of encroachment, so framed by the State. It is contended before us that application (Annexure R-1) does not bear the signatures of Lal Chand. We find that mere denial of such fact would not be sufficient to prove the same. 5. Shri N.K Thakur, learned Senior Advocate, for the petitioner submits that signatures on Annexure R-1 are not that of Lal Chand. Also affidavit in support of application was filed only by Gian Chand, claiming regularisation only for himself. We find that mere denial of such fact would not be sufficient to prove the same. 5. Shri N.K Thakur, learned Senior Advocate, for the petitioner submits that signatures on Annexure R-1 are not that of Lal Chand. Also affidavit in support of application was filed only by Gian Chand, claiming regularisation only for himself. We do not find favour with such submission for the reason that perusal of Annexure R-1 clearly establishes that joint application was filed by all the family members being successors-in-interest of late Shri Dugra Dass. Significantly Lal Chand did not appear before the Sub Divisional Magistrate to dispel the findings of the Lower authority, and establish that signatures on Annexure R-1 are not his. Application was filed in the year 2002 jointly on behalf of all the successors-in-interest of late Shri Durga Dass, who was in-occupation of the land for the last 50 years. 6. Section 122 ambiguously stipulates that an encroacher upon government land, entails automatic disqualification, unless a period of six years has elapsed, since the date on which such an encroacher or any of his family members, as the case may be, is ejected there from or ceases to be an encroacher. It is not the case of parties that such encroachment ceased to exist six years prior to the date on which nomination paper was filed by the present petitioner. As such, she entailed automatic disqualification and was ineligible for competing the election. In view of the above, present petition stands disposed of, as also pending application(s), if any. Interim order stands vacated.