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2025 DAILYLAW 8445 (UTT)

SURESH KUMAR v. STATE OF UTTARAKHAND

WPMS/1931/2025 · 2025-07-02

Ravindra Maithani

body2025

Judgment text

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Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS D/26 WPMS No.1931 of 2025 Hon’ble Ravindra Maithani, J. Mr. Jitendra Chaudhary, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the respondent nos.1, 2, 4 and 5. Mr. Sanjay Bhatt, Advocate for respondent no.3. By means of the instant petition, the petitioner seeks directions that the authority competent shall implement the guidelines mentioned in the Model Code of Conduct Guidelines, 2025 (“the Code”) during the Three Tier Panchayat Election, 2025 in Block Sitarganj, District Udham Singh Nagar as well as in other Districts of the State. The petitioner has also grievance against certain individuals that they may violate the Code, for which, according to the petitioner, he had given a representation to the respondent no.3/the State Election Commission, Uttarakhand (“the Election Commission”). Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner would submit that the Three Tier Panchayat Elections are underway in the State of Uttarakhand; the petitioner apprehends that the Code would be violated; reference has been made to certain individuals to argue that they may, with the help of Government officials, violate the Code. It is argued that, in fact, the petitioner has given a representation dated 23.06.2025 to the respondent no.3/State Election Commission, Uttarakhand, which is Annexure No.5 to the writ petition, on which, no action has been taken. Learned counsel for the Election Commission, Uttarakhand would submit that the Code shall be definitely followed in the entire State, for that matter, the Election Commission is committed. He submits that the representation dated 23.06.2025, that has been made by the petitioner, which is Annexure No.5 to the writ petition, has already been forwarded to the District Magistrate, Udham Singh Nagar; once the report is received from the District Magistrate, Udham Singh Nagar, action shall be taken on it. The Court takes on record the statement given by learned counsel for the Election Commission. The Election Commission, Uttarakhand need no direction to ensure that the Code is strictly followed. It is constitutional obligation of the Election Commission to ensure free and fair election, which is bedrock of a vibrate democracy like ours. A statement has also been given on behalf of the Election Commission that the Code shall be strictly followed. In so far as the representation dated 23.06.2025, Annexure No.5 to the writ petition is concerned, the Election Commission has already initiated action on it. It is stated that elections were scheduled on 24th and 28th of July, 2025. The Court expects that the decision shall be taken on the representation as expeditiously as possible, but not later than 07 days from today. The Court requests learned counsel for the Election Commission to communicate this order to the Election Commission. The writ petition stands disposed of accordingly. (Ravindra Maithani, J.) 02.07.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bb d504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255 DD8EC450A84B515A087CAEFD1B3179A7DE AE40699, cn=SANJAY KANOJIA Date: 2025.07.02 19:08:31 +05'30'