Uttarakhand High Court
WPMS/1116/2021 on 30 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 30th DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No.1116 of 2021
BETWEEN:
Hosiyar Chand .....Petitioner
(Mr. S.K. Mandal, Advocate)
AND:
State of Uttarakhand & Ors.
.....Respondents
(Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand and
Mr. Sanjay Bhatt, Advocate for respondent no.2)
JUDGMENT
Heard learned counsel for the parties through
video conferencing.
2. By means of this writ petition, petitioner has
sought the following reliefs:-
"(i) Issue a writ, order or direction in the nature
of mandamus commanding and directing
the respondents to revise the voter list of
voters of Village Sarpura and separate the
residents of reserved forest Bagga 54 from
the revenue village Sarpura and may not
include the voters of reserved forest Bagga
54 in the Village Panchayat Sarpura, Tehsil
Khatima, District Udham Singh Nagar.
(ii) Issue a writ, order or direction in the nature
of mandamus directing and commanding
the respondents to decide the
representation of the petitioner dated
02.01.2021 (Annexure No.8) in according
with the law expeditiously as possible as
earlier."
3. Learned counsel for the petitioner submits that
names of certain persons, who are residing within a
reserve forest have been included in the voter list
for Panchayat elections, which is impermissible,
therefore, names of such persons are liable to be
removed from the voter list, as any person residing
inside a reserve forest, cannot be a voter in respect
of a 3-tier Panchayat.
4. Learned counsel for the petitioner has referred
to one document which is a letter dated 15.01.2021
issued by Deputy Secretary, State Election
Commission to the District Magistrate/District
Election Officer, Udham Singh Nagar. Perusal of the
letter along with the document enclosed therewith,
indicates that District Magistrate, Udham Singh
Nagar, was requested by the State Election
Commission to take decision on the complaint as to
whether person residing within reserved forest,
have been included in the voter list or not.
5. Learned counsel for the petitioner submits that
no inquiry has been made in the matter despite the
said letter dated 15.01.2021.
6. Having regard to the facts and circumstances
of the case, writ petition is disposed of with a
direction to District Magistrate, Udham Singh
Nagar, to have an inquiry made in terms of the
aforesaid letter dated 15.01.2021, as per applicable
rules, as early as possible, but not later than ten
weeks from the date of production of certified copy
of this order. It goes without saying that all the
stakeholders shall be provided reasonable
opportunity of hearing. The District Magistrate shall
refer the inquiry report to the State Election
Commission within one thereafter.
(MANOJ KUMAR TIWARI, J.)
Rajni
