Uttarakhand High Court
Shanti Sharma vs State Election Commission And Others on 3 July, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1990 of 2025 (M/S)
Shanti Sharma ........Petitioner
Versus
State Election Commission and Others ........Respondents
Present:-
Mr. Deep Chandra Joshi and Mr. Pankaj Semwal, Advocates for the
petitioner.
Mr. M.S. Bisht, Brief Holder for the State.
Mr. Sanjay Bhatt, Advocate for the respondent no.1.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant petition, the petitioner seeks the
following reliefs:-
(1) Issue a writ, order or direction in the nature of
Mandamus, commanding the respondent authorities to
forthwith restore and re-enter the name of the petitioner
in the electoral roll of Gram Panchayat- Village
Puchhidi, Block and Tehsil-Ramnagar, District Nainital,
being ex-facie illegal, arbitrary and passed in violation
of the principles of natural justice and the provisions of
Section 9(8) of the Uttarakhand Panchayati Raj Act,
2016.
(2) Issue a writ, order or direction in the nature of
Mandamus to direct the respondent authorities to
provisionally include the name of all the petitioners in
the electoral-roll of Gram Panchayat- Village-Puchhidi,
Block and Tehsil- Ramnagar, District Nainital and
permit the petitioner to file his nomination for the
upcoming Gram Panchayat elections scheduled in July,
2025.
(3) Issue a writ , order or direction in the nature of
Mandamus directing the respondent authorities to
consider and decide the petitioner representation dated
30.06.2025 and 01.07.2025 in accordance with law,
within a time-bound period, pending final disposal of
the present writ petition.
(4) Issue a suitable writ, order or direction which this
Hon'ble Court may deem fit and proper under the facts
and circumstances of this case.
(5) Award the cost of writ petition to the petitioner.
2. Heard learned counsel for the parties and perused the
record.
3. It is the case of the petitioner that she is a resident of
Village Puchhidi, Block and Tehsil-Ramnagar, District Nainital; her
name was included in the previous voter list, but in the recent voter
list, when the petitioner checked her name, it was not there; she
moved an application, but no decision has been taken on it; in the
instant petition, the petitioner claims that her name be included in the
voter list; there are various other reliefs sought, including one that the
respondent-authorities may be directed to decide the representation of
the petitioner given on 30.06.2025, Annexure No.4 to the writ petition.
4. Learned counsel for the petitioner submits that the
respondent-authority may be directed to decide the application of the
petitioner for inclusion of her name in the voter list prior to the date of
nomination.
5. Learned counsel appearing for the respondent no.1/State
Election Commission, Uttarakhand ("the Commission"), submits that
the application for inclusion of the name in the voter list is to be given
in a Performa with a challan. On it, learned counsel for the petitioner
submits that he is not being provided that Performa and the challan.
6. Learned counsel for the Commission submits that if the
petitioner approaches the respondent no.3/The Assistant Election
Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, today,
he will be provided all the necessary documents, which are to be filed
by him, and once it is filed today, the application that may be filed by
the petitioner may be decided prior to the date of nomination.
7. Learned counsel for the petitioner submits that he would
approach the respondent no.3/ The Assistant Election Officer/Sub
Divisional Magistrate, Ramnagar, District Nainital, today itself, and
after receiving the documents, she will submit it today itself.
8. The Court takes on record the statement given by learned
counsel for the Commission.
9. The writ petition is disposed of with the direction to the
petitioner that she may approach the respondent no.3/ The Assistant
Election Officer/Sub Divisional Magistrate, Ramnagar, District
Nainital, during the course of the day. If the petitioner approaches the
respondent no.3/ The Assistant Election Officer/Sub Divisional
Magistrate, Ramnagar, District Nainital, she shall be provided all the
documents, which are required to be submitted by her for inclusion of
her name in the voter list, today itself. If it is done, the respondent
no.3/ The Assistant Election Officer/Sub Divisional Magistrate,
Ramnagar, District Nainital, shall decide the application submitted by
the petitioner before the date of nomination, in accordance with law.
The decision shall be communicated to the petitioner immediately after
such decision is taken.
10. The Court requests learned counsel for the Commission
to immediately inform the respondent no.3/ The Assistant Election
Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, about
the order that has been passed by the Court today so that just after
half an hour when the petitioner approaches, necessary formalities
may be done.
(Ravindra Maithani, J)
03.07.2025
Ravi Bisht
