Karan Singh vs State Of Uttarakhand And Others
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Uttarakhand High Court

Karan Singh vs State Of Uttarakhand And Others on 15 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  HIGH COURT OF UTTARAKHAND AT NAINITAL
                Writ Petition No. 2129 of 2025 (M/S)

 Karan Singh                                               ........Petitioner

                                   Versus

 State of Uttarakhand and Others                        ........Respondents

 Present:-
        Mr. Ankush Singhal, Advocate for the petitioner.
        Mr. Ganesh Kandpal, D.A.G. for the State.
        Mr. Prem Prakash Bhatt, Advocate holding brief of Mr. Sanjay Bhatt,
        Advocate for the respondent nos.2, 3 and 5.


                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the order dated

09.07.2025, passed by the respondent no.5, the Returning Officer,

Bazpur, Udham Singh Nagar, by which the nomination form of the

petitioner for contesting the election for Kshetra Panchayat has been

rejected.

2. Heard learned counsel for the parties and perused the

record.

3. Learned counsel for the petitioner submits that the

nomination of the petitioner has been rejected on baseless grounds

that the petitioner does not have a toilet, whereas, he has joint toilet

with his brother.

4. Learned State Counsel submits that the petitioner may

challenge her rejection in the election petition that may be filed under

Section 131(4)(h) of the Uttarakhand Panchayati Raj Act, 2016 ("the

Act").

5. Learned counsel for the respondent no.2 submits that

challenge, at this stage, may not be entertained, when the election is

already underway, in view of Article 234-O of the Constitution of India.

6. Section 131 (4) (h) of the Act reads as follows:-

"(h) (1) The election of a person, Chairman or as members of a Panchayat including the election of a person appointed as a Panch shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground;

Provided that the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election,

(ii) that the result of the election has been materially affected-

(i) by the improper acceptance or rejection of any nomination; or

(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder."

7. Article 243-O clause (b) of the Constitution of India reads

as follows:-

"243-O. Bar to interference by courts in electoral matters.- Notwithstanding anything in this Constitution.-

(a) ............................................................................. ...

(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State."

8. The election process is already underway. The challenge

to the rejection order is made on the ground of improper rejection. This

may be a ground that the petitioner may take in the election petition,

in view of Section 131 (4) (h) of the Act.

9. Therefore, at this stage, this petition may not be

entertained. Accordingly, the petition deserves to be dismissed at the

stage of admission itself.

10. The writ petition is dismissed in limine.

(Ravindra Maithani, J) 15.07.2025 Ravi Bisht