Uttarakhand High Court
25 August vs State Of Uttarakhand And Others on 25 August, 2025
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HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition Misc. Bench No. 708 of 2025
25 August, 2025
Smt. Shiksha --Petitioner
Versus
State of Uttarakhand and Others --Respondents
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Presence:-
Mr. Vikas Kumar Guglani, Advocate and Mr. Tushar Prajapati, Advocate through V.C.
for the petitioner.
Mr. Gajendra Kumar Tripathi, learned Standing Counsel for the State of
Uttarakhand.
Mr. Sanjay Bhatt, Standing Counsel for respondent nos.3 and 4.
Mr. Ankur Sharma, Advocate for respondent no.5 through V.C.
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JUDGMENT :
(Per Sri G. NARENDAR, C.J.)
Heard learned counsel for the petitioner, learned
Standing Counsel for the State, learned counsel for the State
Election Commission and learned counsel for respondent no.5.
2. The petitioner and respondent no.5 contested the
election of Gram Pradhan Attenbagh, Vikas Khand Vikas Nagar,
Dehradun; that, after declaration of the results, petitioner came
to know that respondent no.5 has her name in the voter list of
municipality as well as Gram Panchayat, therefore, the petitioner
applied for the voter list from Nagar Palika Parishad Harbertpur,
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District Dehradun wherein name of respondent no.5 was
mentioned at serial no.691 and her voter identity card number
was mentioned as NRB0416594. Petitioner also obtained certified
copy from Village Panchayat Attenbagh, Block Vikas Nagar,
District Dehradun wherein name of respondent no.5 was clearly
mentioned at voter serial number 2968 and in the same column
her voter identify card number was mentioned as NRB0416594.
3. By means of the present writ petition, the petitioner
has prayed that a writ of mandamus be issued to respondent nos.
1 to 4 to cancel the election of respondent no.5 and direct the
respondents to re-issue the fresh schedule of election in Gram
Panchayat Attenbagh, Vikas Khand Vikas Nagar, District Dehradun in
compliance of order dated 11.07.2025 of this Court in Writ Petition
(M/B) No.503 of 2025..
4. Learned counsel for the petitioner submits that this
petition may be disposed of in terms of judgment passed by Co-
ordinate Bench of this Court in WPMB No.661 of 2025.
5. In the opinion of this Court, the provisions contained
under the Uttarakhand Panchayati Raj Act, 2016 and the Rules
made thereunder are amply clear on the point regarding
preparation of Electoral Rolls, which cannot be adjudicated into
by this Court under Article 226 of the Constitution.
6. Even otherwise also, since results of the elections
have already been declared and if petitioner has any grievance
regarding registration of respondent no.5 in multiple electoral
rolls, then she has an efficacious alternative remedy of filing an
Election Petition before the Election Tribunal. Hence, if any Election
Petition is filed, the Election Tribunal shall attempt to dispose of the
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same as expeditiously as possible.
7. Petition stands ordered accordingly.
(G. NARENDAR, C.J.)
(SUBHASH UPADHYAY, J.)
Dated: 25.08.2025
SS
