Uttarakhand High Court
WPMS/1065/2022 on 19 May, 2022
Office Notes,
reports, orders or
proceedings or
Sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPMS No.1065 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Harshpal Sekhon, Advocate, for the
petitioner.
Mr. N.S. Pundir, Deputy Advocate
General, for the State of Uttarakhand.
Mr. Sanjay Bhatt, Advocate, for the
respondent.
For the purposes of ensuring the election
to be conducted pertaining to the Nagar
Panchayat, Kelakheda, there had been an earlier
proceedings by way of writ petition, before this
Court, as decided by the coordinate Bench of
this Court vide its judgment dated 25.03.2022,
as rendered in a bunch of writ petitions with the
leading writ petition, being Writ Petition
No.1595 of 2021, "Hamid Ali Vs. Akaram
Khan & others".
Pursuance to which, the election of the
aforesaid Nagar Panchayat was notified, which
was scheduled to be conducted, as per the
directives issued by the judgment dated
25.03.2022, and accordingly, the petitioner who
was one of the participants to the said election
for the post of Chairman, Nagar Panchayat,
Kelakheda, by virtue of the present writ petition
has expressed his apprehension by way of an
unfounded premonition, that there may be
malpractices, which may be adopted by the
Agency engaged in undertaking the election
process, at the stage of the counting of the
votes. Hence, he has prayed for a writ of
mandamus, that the Observer may be appointed
and videography of the counting of ballots too
may be conducted by the respondents, which is
scheduled to be held on 21.05.2022.
This Court is of the view that the election
laws are to be strictly adhered to in accordance
with the applicable Statute, and particularly,
that as contained under Chapter 2 of the
Uttarakhand Panchayati Raj Act, 2016, where
according to the provisions of the act, the
election processes for the Nagar Panchayat, are
to be conducted under the superintendence of
the State Election Commission.
In that eventuality, where the election is
being intended to be conducted under the
supervision of the State Election Commission,
the process of it, would be regulated by the
Statute, as well as the exercise of powers by the
State Election Commission, as vested in it
under the Representation of People Act, 1950.
In fact, the writ petition, is nothing but an
uncalled anticipation of adoption of the
malpractices, which is not foundationed by any
plausible material, which could be required to
be ventured into, while exercising my powers
of writ of mandamus for appointing an
Observer or for getting the counting of ballots
videographed. Apart from it, since Article 243-
O (b) of the Constitution of India, creates an
absolute restraint that election to the Panchayat
shall not be called in question, except by way of
filing of an election petition as per the
Legislature of the State.
The writ petition for the relief claimed
would not be maintainable under Article 226 of
the Constitution of India. The writ petition is
hereby accordingly dismissed, but this
dismissal of writ petition, would be without
prejudiced to the rights of the petitioner to
agitate all the questions of malpractices or
malafide, if an occasion arises for him to
challenge the election, as a consequence of the
result to be declared after the counting of the
ballots.
Writ petition is accordingly, dismissed,
for the aforesaid reasons.
(Sharad Kumar Sharma, J.)
19.05.2022
NR/
