Uttarakhand High Court
Kartik Upadhyay vs State Of Uttarakhand And Others on 18 July, 2025
2025:UHC:6305-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
18TH JULY, 2025
WRIT PETITION (PIL) No. 135 OF 2025
Kartik Upadhyay. ...Petitioner
Versus
State of Uttarakhand and others. ...Respondents
Counsel for the petitioner. : Mr. Aayush Gaur, learned counsel.
Counsel for respondent no. 1. : Mr. B.S. Parihar, learned Additional
Chief Standing Counsel for the State
of Uttarakhand.
Counsel for respondent nos. 2 & : Mr. Sanjay Bhatt, learned counsel.
3.
JUDGMENT :
(per Sri G. Narendar, C.J.)
The petitioner is before this Court, praying for
the following reliefs :
"i) Issue is seeking a writ/ order or direction in the
nature of Mandamus, directing the State Election
Commission to take appropriate steps in the event of
any damage, injury, or casualty arising out of election-
related activities during the disaster period, it shall be
held accountable and shall provide appropriate
compensation to the affected persons.
ii) Issue a writ in the nature of mandamus directing
the respondents to make appropriate arrangements for
those peoples who will unable to participate in the
election scheduled to be held in the State of
Uttarakhand due to ongoing rainy season.
iii) Issue a writ in the nature of mandamus directing
the respondents to in future, no election shall be
scheduled during Red Alert warnings or high-risk
natural disaster periods without prior consultation with
the Indian Meteorological Department and Disaster
Management Authorities.
iv) Issue any other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the present matter; and
2025:UHC:6305-DB
v) To award the cost of the petition in favour of the
Petitioner."
2. By order dated 16.07.2025, passed in Writ
Petition (PIL) No. 127/2025, this Court had addressed a
similar PIL by one Dr. Baij Nath, R/o District Haridwar,
who had similarly sought for postponement of the
elections, not only on the ground of natural disasters, and
the inclement weather, but also on account of the
commencement of the Kanwar Yatra.
3. In view of the apprehensions expressed by the
petitioner, this Court had summoned the Secretary,
Panchayati Raj Department, and the Director General of
Police, Uttarakhand State in the earlier petition. Both,
the Secretary, Panchayati Raj Department and the
Director General of Police, Uttarakhand State had
forwarded written instructions to their counsel, which
were placed before the Court. The statements given by
the Secretary, Panchayati Raj Department and the
Director General of Police, Uttarakhand, inspiring
confidence in the Court and the Court, being satisfied by
the arrangements made by the Panchayati Raj
Department and the Police Department, was pleased to
dispose of the above-said PIL in view of the statements of
2025:UHC:6305-DB
the Secretary, Panchayati Raj Department and the
Director General of Police, Uttarakhand State.
4. In the instant Writ Petition, the postponement
of the election process is sought on the ground of severe
weather conditions, and red alerts issued by the
concerned Departments. The issue raised in the Writ
Petition, being similar to the issue raised in Writ Petition
(PIL) No. 127/2025, we are of the considered opinion
that the instant Writ Petition can also be disposed of on
the similar terms.
5. Accordingly, the instant Writ Petition is
disposed of, in terms of the order/ directions passed in
Writ Petition (PIL) No. 127/2025.
6. The Writ Petition stands ordered accordingly.
There shall be no order as to costs.
As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
_______________
G. NARENDAR, C.J.
_____________
ALOK MAHRA, J.
Dt: 18th July, 2025
Rahul
RAHUL
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=aa4fa3bee6691397758b14516ed3e
66e61bf4c848741983ed8c39e4145cf1dab,
PRAJAPATI
postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A
192FCAD15C390A1AAD7B39857D2540AE4C
28A4898, cn=RAHUL PRAJAPATI
Date: 2025.07.21 11:20:02 +05'30'
