Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 1 August, 2025
2025:UHC:6767-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. ALOK MAHRA
Public Interest Litigation No. 131 of 2025
1st August, 2025
Akash Bora ...........Petitioner
Versus
State of Uttarakhand and Others ..........Respondents
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Presence:-
Mr. Tajhar Qayyum, learned counsel for the petitioner.
Mr. J.C. Pande, learned Standing Counsel for the State of
Uttarakhand.
Mr. Sanjay Bhatt, learned counsel for State Election
Commission/respondent nos. 4 & 6.
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JUDGMENT :
(per Mr. G. Narendar C. J.)
Heard learned counsel for the petitioner
and the learned Standing Counsel for the State
Election Commission.
2. The instant writ petition is preferred
praying for the following reliefs:
"1. Direct an impartial and independent
committee to conduct a fair inquiry, before
24.07.2025, into the role of Respondent Nos.
5, 6 and 7 (VDO, BLO, and Respondent No.7)
in making fraudulent entries using fabricated
documents, and into the involvement and
eligibility of the 52 individuals to vote in the
upcoming Panchayat election of the 52
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individuals to vote in the upcoming Panchayat
elections of Gram Panchayat Dudhlakot whose
names were allegedly included illegally in the
voter list.
2. Order to allow voting of these 52
individuals in the upcoming elections of gram
panchayat Budhlakot if it is found by the
independent committee that they are eligible
to vote as per Uttarakhand Panchayat Raj Act
and Constitution of India.
3. Issue a writ of mandamus directing the
Respondents to delete the 52 fraudulently
included names from the voter list of Gram
Sabha Budhlakot after due enquiry and
providing them opportunity of hearing in
accordance with the provisions of the
Uttarakhand Panchayati Raj Act, 2016."
3. Learned Standing Counsel for the State
Election Commission submits that, pursuant to the
filing of the writ petition, action has been initiated
and the Village Development Officer has been
placed under suspension, and the names of such
individuals, who were found not ordinarily residing
in the Village, have also been deleted from the
electoral roll.
4. Per contra, learned counsel for the
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petitioner would submit that some of the persons,
whose names have been pointed out by the
petitioner in the petition and arrayed as
respondents, have already cast their votesin the
elections that were held on 24.07.2025.
5. The Chief Secretary has filed compliance
affidavit placing on record the stand of the State
Government and the relevant portions of the
affidavit reads as under:
"4. That in accordance with Section 9 of the
Uttarakhand Panchayati Raj Act, 2016, the
electoral roll for each constituency of the
Gram Panchayat shall be prepared under
the superintendence, direction and control
of the State Election Commission. Further as
per Section 9(10), if the Act and Rules do
not provide for a matter concerning electoral
roll, then the State Election Commission
may, by order, make provisions in respect
of the same.
5. Accordingly, the State Election
Commission vide notification no.1015 dated
05.10.2024, issued direction for a detailed
revision of the Panchayat Electoral rolls of
all the districts of Uttarakhand (except
Haridwar district), as per the provisions of
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the Uttar Pradesh Panchayati Raj (Electoral
Registration) Rules, 1994. In this
connection, copy of the notification dated
05.10.2024 issued by the State Election
Commission is being marked and annexed
as (Annexure No.1) to the affidavit.
6. That it is respectfully submitted that for
the purpose of revising or preparing the
electoral roll of a constituency, reliance is to
be placed upon the provisions of the Uttar
Pradesh Panchayati Raj (Electoral
Registration) Rules, 1994.
7. Therefore, the State Government of
Uttarakhand, has no role to play in so far as
the preparation of Electoral Roll is
concerned."
6. If the petitioner is of the view that the
elections are vitiated, it is always open for the
petitioner to avail the remedy of filing an Election
Petition and the Election Tribunal, being the
competent authority, shall examine the issue, in
accordance with law.
7. In view of the submissions made by the
learned Standing Counsel for the State Election
Commission that action has already been initiated,
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we are of the opinion that the instant writ petition
can be disposed of by granting liberty to the
petitioner to seek remedy before the Election
Tribunal.
8. The writ petition stands disposed of
accordingly.
9. The records presently in the custody of
the Registrar (Judicial) be handed over to the
learned Standing Counsel for the State Election
Commission for onward transmission to the
competent authority after retaining an attested
copy of the same.
(G. NARENDAR, C. J.)
(ALOK MAHRA, J.)
Dated: 01.08.2025
Mamta
