Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 10055 (UTT)

USHA v. STATE OF UTTARAKHAND

WPMB/661/2025 · 2025-08-13

Alok Mahra, G Narendar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7157-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (M/B) No. 661 of 2025 13th August, 2025 Usha -Petitioner Versus State of Uttarakhand and others -Respondents ---------------------------------------------------------------------- Presence:- Mr. Abhijay Negi, learned counsel alongwith Ms. Snigdha Tiwari and Mr. Ayush Pokhriyal, learned counsel for the petitioner. Mr. Gajendra Tripathi, learned Standing Counsel for the State. Mr. Sanjay Bhatt, learned counsel for the State Election Commission. JUDGMENT : (per Mr. Alok Mahra, J.) Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for the State Election Commission. 2. The petitioner and respondent no.3 contested the election of Member Kshetra Panchayat, Naugaon; that, after filing of the nomination paper, petitioner moved objection against the candidature of respondent no.3 on the ground that her name is reflected in multiple Electoral Rolls; that, the objection was rejected 1 2025:UHC:7157-DB and thereafter results were declared and respondent no.3 was declared to be elected for the Post of Member Kshetra Panchayat, Naugaon. 3. By means of the present writ petition, the petitioner has prayed that a writ of mandamus be issued to respondent no.2 to issue clear and specific guidelines in compliance of order dated 11.07.2025 of this Court in Writ Petition (M/B) No.503 of 2025. 4. 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. 5. Even otherwise also, since results of the elections have already been declared and if petitioner has any grievance regarding registration of respondent no.3 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 same as expeditiously as 2 2025:UHC:7157-DB possible. 6. Petition stands ordered accordingly. _______________ G. NARENDAR, C.J. _______________ ALOK MAHRA, J. Dt: 13th August, 2025 UJJWAL 3