ASHA Workers Cannot Be Disqualified From Panchayat Posts Merely For Receiving Incentives: HP High Court Stays Govt Clarification

The Himachal Pradesh High Court stayed a State Government clarification that treated ASHA workers as part-time employees and consequently disqualified them from being elected as office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.

A Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma remarked that: “a prima facie case is made out in favour of the petitioners for granting interim protection, as prayed”

Background:

The petitioners challenged a communication/clarification dated 02.05.2026, whereby ASHA workers were considered to be engaged on a part-time basis with a fixed monthly honorarium along with performance-based incentives, resulting in their disqualification from being chosen as Panchayat office bearers. 

The petitioners contended that the clarification was contrary to the very nature of engagement of ASHA workers under the Government of India guidelines. They relied on a memo issued to an ASHA worker, which stated that ASHA worker shall not be paid any honorarium by the Government Department, but shall only be given work-based incentives in terms of amount

The petitioners further stated that according to clause 9 of the Guidelines on Accredited Social Health Activists ASHA would be an honorary volunteer and would not receive any salary or honorarium. Her work would be so tailored that it does not interfere with her normal livelihood.

Further, the Panchayati Raj Department itself had earlier clarified that ASHA workers are voluntary activists working on performance-based incentives and are neither part-time nor contractual or regular Government servants. Therefore, they could not be disqualified from holding Panchayat offices. 

Case Name: Reena Devi & Ors. Vs. State of Himachal Pradesh & Ors.

Case No.: CWP No.6786 of 2026

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