WPMS/606/2021
2021 Latest Caselaw 878 UK

 IN THE HIGH COURT OF UTTARAKHAND AT
                NAINITAL

             ON THE 15TH DAY OF MARCH, 2021

                                  BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


              Writ Petition (M/S) No.606 of 2021

BETWEEN:
  Tejpal                                                          .....Petitioner
     (Mr. Shobhit Saharia, Advocate)




AND:

     State of Uttarakhand & others                          .....Respondents
     (Mr. Ganga Singh Negi, Addl. C.S.C. for the State and Mr. Tapan
     Singh, Advocate for respondent no.4)



                              JUDGMENT

Heard learned counsel for the parties.

2. By means of present writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus declaring the action of delimitation carried out by respondent District Magistrate, Haridwar as illegal, irregular and ultra-vires.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 and 2 to grant reasonable, fair and justifiable opportunity of hearing to the petitioner and filing his objections against the tentative and final list dated 1.2.2021 and 28.2.2021, with respect to delimitation of Block Bhagwanpur, District Haridwar in respect of reconstituting local

electoral constituencies for khsyetra Panchayat and Zila Panchayat, Haridwar.

2. Petitioner is resident of Village Dadapatti Block Bhagwanpur, District Haridwar. His grievance is that in the last election held in the year 2015 in District Haridwar for 3 tier panchayats, certain villages were included in Block Bhagwanpur and in the subsequent delimitation list, made in the year 2021, those villages have against been included.

3. Learned counsel for the petitioner submits that in the tentative delimitation list, there were certain changes in the composition of Block Bhagwanpur, but in the final list, same villages which were put in Block Bhagwanpur in 2015, were again included. Learned counsel for the petitioner submits that objections were invited and petitioner had submitted his objection, however, same were not properly considered.

4. Be that as it may, since, final notification has been issued and any interference in the matter at this stage, would delay the election process, therefore, this Court is not inclined to entertain the writ petition at this stage.

5. Accordingly, writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Rajni