Uttarakhand High Court
WPMS/1332/2021 on 15 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 15TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 1332 of 2021
BETWEEN:
Sajid Ali .......Petitioner
AND:
State of Uttarakhand & others. ....Respondents
with
WRIT PETITION (M/S) No. 2118 of 2020
WRIT PETITION (M/S) No. 2226 of 2020
WRIT PETITION (M/S) No. 925 of 2021
(By Mr. B.D. Upadhayay, Senior Advocate assisted by Mr. Sunil
Upadhyaya, Advocate for the petitioner in WPMS No. 1332 of
2021, Mr. Piyush Garg, Advocate for the petitioner in WPMS
No. 925 of 2021, Mr. G.D. Joshi, Advocate for the petitioner in
WPMS No. 2118 of 2020.)
(Mr. T.S. Phartiyal, Additional C.S.C., Mr. Sanjay Bhatt,
Advocate for the respondent no.5 in WPMS No. 1332 of 2021,
Mr. Amar Murti Shukla, Advocate for respondent no.6 and
representing respondent no.8 in WPMS No. 2226 of 2020)
JUDGMENT
Since common questions of fact and law are
involved in these writ petitions, therefore these petitions
are clubbed together and are being heard & decided
together. However, for the sake of convenience, facts of
WPMS No. 1332 of 2021 are being considered.
2. By means of WPMS No. 1332 of 2021,
following relief has been sought:-
"i. Issue a writ, order or direction in the nature of
mandamus commanding the respondents to
include the name of petitioner and other
similarly situated persons in the voter list of
village Chauli Sahabuddinpur Tehsil Bhagwanpur
District Haridwar so that they may participate
and cast their votes in the forth coming election
of Gram Panchayat in District Haridwar."
3. It transpires that there are two adjoining revenue
villages, namely, Chauli Sahabuddinpur and Mandawar in
Tehsil Bhagwanpur, District Haridwar. Both these revenue
villages are having separate Gram Sabha, prior to 1960. In
the year 1960, part of land of Village Chauli Sahabuddinpur
was washed away due to flash floods and the affected
persons by the floods were resettled in Village Mandawar
by taking land for them under provisions of U.P.
Requisition of Property (Flood Relief) Act, 1948.
4. According to the petitioners, although they
were resettled within limits of Revenue Village Mandawar
around the year 1960, but they were treated members of
Gram Sabha, Chauli Sahabuddinpur and they exercised
their voting right in the same Gram Sabha, but now
petitioners are treated to be Member of Gram Sabha,
Mandawar. It is admitted to the parties that forefathers of
petitioners were resident of Revenue Village Chauli
Sahabuddinpur and they exercised their voting right in
Gram Sabha Chauli Sahabuddinpur.
5. It is not in dispute that petitioners are
presently residing within the limits of Revenue Village,
Mandawar. It is also not in dispute that uptill now,
petitioners have exercised their voting right in Village
Chauli Sahabuddinpur and now suddenly their names have
been removed from voter list of said Gram Sabha.
6. Mr. B.D. Upadhaya, Senior Advocate appearing
for petitioners submits that name of the petitioners do not
figure in either of the voter list i.e., of Gram Sabha Chauli
Sahabuddinpur or voter list of Gram Sabha Mandawar.
This submission however has been disputed by State
counsel, who submits that now petitioners have been
included in the voter list of Gram Sabha, Mandawar.
7. Learned counsel for the parties have pointed
out that earlier also, writ petitions were filed by persons
residing within limits of Revenue Village Mandawar, but
who had been exercising voting right in Gram Sabha,
Chauli Sahabuddinpur, for correcting this anomaly.
8. The sole question, which falls for consideration in
these petitions is whether residents of Village Chauli
Sahabuddinpur, who were resettled/rehabilitated within
limits of Revenue Village Mandawar, can be treated as
Member of Gram Sabha Chauli Sahabuddinpur or not. In
other words, whether a Gram Sabha, constituted in terms
of Section 3 of Uttarakhand Panchayat Raj Act, 2016 for a
revenue village can extend beyond the territorial limits of
said revenue village so as to include part of adjoining
revenue village having separate Gram Sabha.
9. Uttarakhand Panchayati Raj Act, 2016 is silent
on this aspect of the matter however there is a provision
contained in Section 3 (C) of Uttarakhand Panchayati Raj
Act, 2016, which provides that in case of any dispute or
difficulty regarding interpretation of provisions of the Act,
the same shall be referred to the State Government.
10. In such view of the matter, it would be just
and proper in the facts and circumstances of the case to
permit the petitioners to approach the State Government
under Section 3 (C) of the aforesaid Act. If petitioners
make a representation to the Secretary, Panchayati Raj
Department within one week from today, the Secretary
concerned shall consider petitioner's representation and
pass appropriate order, in accordance with law as early as
possible, but not later than eight weeks from date of
presentation of representation.
11. It goes without saying that before taking any
decision, the Secretary concerned shall provide opportunity
of hearing to all stake-holders including Mr. Farman S/o
Mr. Furkan R/o Village Chauli Sahabuddinpur (respondent
no. 9 in WPMS No. 925 of 2021).
12. The writ petitions are, accordingly, disposed
of.
13. Let a certified copy of this order be issued to
the parties within 24 hours.
(MANOJ KUMAR TIWARI, J.)
Shubham
