In a matter raising questions on procedural compliance with reservation mandates, the Uttarakhand High Court has stayed the conduct of three-tier Panchayat elections in Uttarakhand. The stay order comes in response to multiple petitions contesting the absence of duly notified reservation rules applicable to the upcoming elections. As litigation continues, the State Government has moved to initiate the printing of the requisite gazette notification, with an assurance of prompt submission before the Court.
The State Election Commission had recently declared its intention to conduct Panchayat elections in two phases. However, the announcement triggered legal challenges pertaining to the non-finalisation and publication of reservation rules for various Panchayat bodies. The petitioners contended that in the absence of a legally notified reservation policy, the elections would contravene constitutional provisions and statutory obligations governing local governance.
Challengers to the election notification argued that the reservation of seats for Scheduled Castes, Scheduled Tribes, and women, as mandated under Part IX of the Constitution and the Uttarakhand Panchayati Raj Act, 2016, could not be implemented arbitrarily or without prior publication of the relevant rules. In response, the State Government submitted a detailed reply outlining its intended course of action, including steps being taken to finalise the reservation rules.
Taking note of the contentions and the absence of a gazetted reservation policy, the Bench headed by the Chief Justice observed that the matter required judicial intervention to ensure compliance with constitutional and statutory mandates. Accordingly, the Court issued directions to the State Government to file its reply and documentation, and until further orders, it stayed the conduct of the Panchayat elections. The Court directed the government to provide the necessary legal backing before proceeding further with the electoral process.
Pursuant to the hearing, the High Court directed a stay on the Panchayat election process until the requisite legal formalities, particularly the publication of the reservation rules, are fulfilled. The Court mandated that the government submit the gazette notification of the Reservation Rules 2025 for judicial scrutiny before any further steps are taken.
In response, Secretary, Panchayati Raj, Chandresh Kumar stated that the “gazette notification of Reservation Rules 2025 is in progress at the Government Press Roorkee for printing. It will be issued soon and presented before the Hon’ble Court for further guidance.” He further confirmed, “In this connection, I have spoken to the Government Press, Roorkee, to make a copy of the gazette notification available to the state government, which can then be submitted to the High Court to lift the stay.”
The matter remains pending before the Nainital High Court, with further directions expected upon submission of the notification.
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