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2025 DAILYLAW 8633 (UTT)

RAM NIWASH v. STATE OF UTTARAKHAND

WPPIL/125/2025 · 2025-08-01

Alok Mahra, G Narendar

Public Interest Litigationbody2025

Judgment text

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2025:UHC:6767-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Public Interest Litigation No. 125 of 2025 1st August, 2025 Ram Niwash ………..Petitioner Versus State of Uttarakhand and Others ...…….Respondents ---------------------------------------------------------------------- Presence:- Mr. B.S. Adhikari and Mr. Shivam Rana, learned counsel for the petitioner. Mr. J.C. Pande, learned Standing Counsel for the State of Uttarakhand. Mr. Sanjay Bhatt, learned counsel for State Election Commission/respondent no.3. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard learned counsel for the petitioner and learned counsel for State Election Commission. 2. The instant writ petition is preferred by the petitioner seeking the following reliefs: “1. A writ order or direction in the nature of Mandamus directing the respondents to conduct comprehensive verification of Electoral Roll 2024 of Municipal Board Barkot (Uttarkashi) in terms of enquiry report dated 12.03.2025 (Annexure-3). 2. To direct the respondents to delete all 2025:UHC:6767-DB 2 duplicate, fraudulent or ineligible entries from the Electoral Roll 2024 of Municipal Board- Barkot (Uttarkashi). 3. To direct the respondents to take legal action against the responsible person/government officials who found indulge in this illegal activity.” 3. The election in question pertains to the Municipal Board Barkot, Uttarkashi. 4. The learned counsel for the petitioner would submit that Section 12-F of the U.P. Municipalities Act, 1916 provides for correction/ revision of the Electoral Roll. 5. In view of the fact that the elections process has already been completed, we are of the considered opinion that the instant writ petition can be disposed of with a direction to the State Election Commission to consider the instant writ petition as a representation and decide the issues raised in prayer clauses nos.1, 2 & 3, strictly in accordance with law. 6. The State Election Commission shall consider and dispose of the representation within an 2025:UHC:6767-DB 3 outer limit of three months. The consideration and disposal shall be after affording opportunity to the petitioner. 7. The writ petition stands ordered accordingly. 8. There shall be no order as to costs. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 01.08.2025 Mamta