2025:UHC:7430 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2490 of 2025 22 August, 2025 Shivani Rana --Petitioner Versus Jarbanwati and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Yogesh Pant, learned counsel for the petitioner. Mr. Sanjay Bhatt, learned counsel for respondent Nos.3, 4 and 6. Mr. Anil Dabral, learned Additional C.S.C. with Mr. Sudhir Nailwal, learned Standing Counsel for the State of Uttarakhand/respondent No.5. Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition under filed under Section 227 of the Constitution of India, petitioner has prayed for the following reliefs: i) To direct the learned Court Below to summon the entire ballot papers related to BDC member seat, Sisona, Gram Sabha Sisona, District Udham Singh Nagar, and to keep in custody of the learned Court below. ii) To direct the learned Court below to decide the election petition, bearing Election Petition No.14 of 2025 namely “Shivani Rana vs Jarbanwati and Others” in a time bound manner. 2. Learned counsel for the petitioner submits that the petitioner contested the Panchayat Election 2025 for the B.D.C. member seat, Sisona, in Gram Sabha Sisona, District Udham Singh Nagar, which was held on 24.07.2025. Three candidates contested the election i.e. petitioner, respondent No.1 and respondent No.2 and the polling took place in Government Higher Secondary School, Sisona and in Government Primary School, Sisona Majhra. The counting took place on 31.07.2025 in 8 tables numbered from 22 to 29 in Sitarganj Mandi Samiti in the supervision of Mr. Sanjay 1 2025:UHC:7430 Chhimwal-Returning Officer and the result was declared at about 02:30 AM and certificate was issued in the name of respondent No.1 in a hasty manner. He further submits that after counting the votes and confirming from the booth agents, it was revealed that out of total 3206 votes 1447 votes casted in favour of petitioner, 1438 in favour of respondent No.1 and 256 in favour of respondent No.2 and 65 votes were declared invalid, and the petitioner won by 9 votes, but, while pronouncing the result, the respondent No.1 was declared winner by 9 votes, who was supported by the influential persons. When the declaration of result was objected by the petitioner and people supporting him and requested for recounting the request was outrightly denied and it has been directed to get order from the Competent Authority. Thereafter, the petitioner filed the election petition on 06.08.2025 before the learned District Magistrate, to which reference was made to learned District Judge, Udham Singh Nagar, and registered as Election Petition No.14 of 2025 Shivani Rana Vs. Jarbanwati and Ors., but, no order or finding on the interim relief application is given even after hearing the same. 3. Learned counsel for the petitioner submits that the learned Court below has passed the order in a routine manner without even looking the papers filed therein, as the order mentions stay application along with affidavit, but in file, there was no stay application while the petitioner filed the interim relief application seeking summoning of entire ballot papers related to BDC member seat, Sisona, Gram Sabha Sisona, District Udham Singh Nagar. 4. He further submits that the respondent No.1 is a very influential person and she can manipulate votes 2 2025:UHC:7430 casted and kept in the custody of concern officer, thus, he prayed that the learned Court below be directed to summon the entire ballot papers related to BDC member seat, Sisona, Gram Sabha Sisona, District Udham Singh Nagar and further to direct the learned Court below to decide the Election Petition No.14 of 2025 Shivani Rana Vs. Jarbanwati and Others, in a time bound manner. 5. Learned counsel for the respondent Nos.3, 4 and 6/Election Commission informed this Court that the ballot papers are always kept in a safe having double lock after the election is over. It is not possible that the ballot papers can be tampered. Hence, the prayer made by learned counsel for the petitioner is not sustainable and deserves to be dismissed. 6. Having heard the learned counsel for the petitioner and on perusal of entire documents available on record, this Court does not find any thrust in the present writ petition as the learned counsel for the petitioner could not point out any illegality in the Panchayat Election 2025 for the B.D.C. member seat, Sisona, in Gram Sabha Sisona, District Udham Singh Nagar and further the Hon’ble Apex Court in the case of ‘Sangram Sadashiv Suryavanshi v. State of Maharashtra’ (Criminal Appeal No.4758 of 2024 decided on 25.11.2024 [2024 INSC 899]) has held that Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the courts concerned where the cases are pending. 7. In view of the aforesaid legal authority, the Court finds that the present case does not fall within the category of ‘exceptional circumstances’. Thus, no 3 2025:UHC:7430 interference at all is warranted in prayer (ii). The writ petition fails with regard to prayer (ii) and the same is hereby dismissed. However, so far as the prayer (i) is concerned, the respondent-State is directed that the ballot papers related to BDC member seat, Sisona, Gram Sabha Sisona, District Udham Singh Nagar, shall not be destroyed, till the disposal of Election Petition No.14 of 2025 Shivani Rana Vs. Jarbanwati and Ors., pending in the Court of learned District Judge, Udham Singh Nagar. 8. With the aforesaid observations, the present writ petition is partly allowed. (Pankaj Purohit, J.) 22.08.2025 PN 4