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2025 DAILYLAW 749 (UTT)

RAHUL SINGH v. STATE OF UTTARAKHAND

WPMS/36/2025 · 2025-01-09

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:405 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09th JANUARY, 2025 WRIT PETITION (M/S) NO.36 of 2025 Rahul Singh ..…Petitioner Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioner : Mr. Tarun Prakash Singh Takuli, Advocate. Counsel for the : Mr. Suyash Pant, Respondents Standing Counsel. Hon’ble Alok Kumar Verma,J. Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:- “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 & 4 to remove the illegally entered people in Village Basgar's Voter list as they are not the resident of Village Panchayat Basgar and are resident of Forest Area adjoining to the boundary of the Village Panchayat Basgar or alternatively be pleased to direct the respondent no. 3 & 4 to decide the representation dated 17-12-2024 submitted by the petitioner (Annexure no. 3 to the writ petition), else being the proposed candidate of Village Pradhan, the petitioner 1 2025:UHC:405 will suffer irreparable loss and injury and the same cannot be compensated by any means. (ii) Pass such further orders or directions which are just and proper in the facts of the case.” 2. Heard Mr. Tarun Prakash Singh Takuli, learned counsel for petitioner and Mr. Suyash Pant, learned Standing Counsel for respondents. 3. Mr. Tarun Prakash Singh Takuli, Advocate, has contended that the petitioner is the permanent resident of Village Basgar, Tehsil Sitarganj, District Udham Singh Nagar. He wants to contest the election of Village Pradhan of Village Basgar. Several persons, who are not the resident within the limit of Revenue Village Basgar and are residing in the forest area nearby to Village Basgar, have been illegally inducted in the voter list of the Village Basgar. A representation dated 17.12.2024 (Annexure No.3 to the writ petition) was submitted before the Sub-Divisional Magistrate/Assistant Voters Registration Officer, Sitarganj, District Udham Singh Nagar, the respondent no.4. The said representation is still pending. 4. Mr. Suyash Pant, learned Standing Counsel, has sought eight weeks’ time to decide the said representation. 2 2025:UHC:405 5. With the consent of learned counsel for the parties, the present Writ Petition (M/S No.36 of 2025) is disposed of directing the respondent no.4 to decide the said representation dated 17.12.2024 by a reasoned order and in accordance with law as expeditiously as possible but not later than eight weeks’ from the date of production of the certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merit of this case. ___________________ ALOK KUMAR VERMA, J. Dt:09.01.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08 b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA 960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.01.09 19:44:12 +05'30'