Court Grants Interim Protection Against State's Clarification Disqualifying ASHA Workers as Panchayat Office Bearers
Shimla, May 6, 2026 — In a significant ruling, the Himachal Pradesh High Court has stayed the disqualification of ASHA workers from holding office in Panchayat institutions, following a communication from the State Government dated May 2, 2026, that sought to disqualify them based on their engagement as part-time workers with fixed monthly honorarium and performance-based incentives. The court's decision comes in response to a petition filed by Reena Devi and others challenging the State's clarification.
The Division Bench comprising Justices Vivek Singh Thakur and Ranjan Sharma addressed the petition filed under CWP No. 6786 of 2026, wherein the petitioners argued that the State's clarification contradicts the guidelines for Accredited Social Health Activists (ASHA), which classify ASHA workers as voluntary activists who do not receive a fixed salary or honorarium but rather work on performance-based incentives.
The petitioners, represented by Advocates Vikrant Thakur, Sushant Vir Singh Thakur, and Shubham Singh Guleria, contended that ASHA workers are not part-time or contractual government servants, and thus should not be disqualified under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994. They highlighted previous guidelines and communications which supported their stance and emphasized the voluntary nature of ASHA work.
In its judgment, the court recognized the prima facie merit in the petitioners' case and granted interim protection by staying the State's communication. The court ordered that the disqualification would remain suspended until further orders, allowing ASHA workers to continue participating as office bearers in Panchayat elections.
The court's decision is supported by precedents from the Supreme Court, including cases such as Anokh Singh v. Punjab State Election Commission, Shivamurthy Swami Inamdar v. Agadi Sanganna Andanappa, and State of Karnataka v. Ameerbi, which were cited by the petitioners to substantiate their claim.
The case has been scheduled for further consideration on June 1, 2026, providing a temporary reprieve to ASHA workers amidst ongoing legal proceedings. This decision reflects the court's acknowledgment of the unique status of ASHA workers as non-salaried volunteers, thereby exempting them from disqualification under the Panchayati Raj Act.
Bottom line:-
ASHA workers, who are voluntary activists working on performance-based incentives as per Government of India norms, cannot be disqualified from being office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.
Statutory provision(s): Himachal Pradesh Panchayati Raj Act, 1994 Section 122(1)(g)
Reena Devi v. State of Himachal Pradesh, (Himachal Pradesh)(DB) : Law Finder Doc id # 2895423
