HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1990 of 2025 (M/S) Shanti Sharma ….....Petitioner Versus State Election Commission and Others ….….Respondents Present:- Mr. Deep Chandra Joshi and Mr. Pankaj Semwal, Advocates for the petitioner. Mr. M.S. Bisht, Brief Holder for the State. Mr. Sanjay Bhatt, Advocate for the respondent no.1. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- (1) Issue a writ, order or direction in the nature of Mandamus, commanding the respondent authorities to forthwith restore and re-enter the name of the petitioner in the electoral roll of Gram Panchayat- Village Puchhidi, Block and Tehsil-Ramnagar, District Nainital, being ex-facie illegal, arbitrary and passed in violation of the principles of natural justice and the provisions of Section 9(8) of the Uttarakhand Panchayati Raj Act, 2016. (2) Issue a writ, order or direction in the nature of Mandamus to direct the respondent authorities to provisionally include the name of all the petitioners in the electoral-roll of Gram Panchayat- Village-Puchhidi, Block and Tehsil- Ramnagar, District Nainital and permit the petitioner to file his nomination for the upcoming Gram Panchayat elections scheduled in July, 2025. (3) Issue a writ , order or direction in the nature of Mandamus directing the respondent authorities to consider and decide the petitioner representation dated 30.06.2025 and 01.07.2025 in accordance with law, within a time-bound period, pending final disposal of the present writ petition. (4) Issue a suitable writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of this case. (5) Award the cost of writ petition to the petitioner. 2 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that she is a resident of Village Puchhidi, Block and Tehsil-Ramnagar, District Nainital; her name was included in the previous voter list, but in the recent voter list, when the petitioner checked her name, it was not there; she moved an application, but no decision has been taken on it; in the instant petition, the petitioner claims that her name be included in the voter list; there are various other reliefs sought, including one that the respondent-authorities may be directed to decide the representation of the petitioner given on 30.06.2025, Annexure No.4 to the writ petition. 4. Learned counsel for the petitioner submits that the respondent-authority may be directed to decide the application of the petitioner for inclusion of her name in the voter list prior to the date of nomination. 5. Learned counsel appearing for the respondent no.1/State Election Commission, Uttarakhand (“the Commission”), submits that the application for inclusion of the name in the voter list is to be given in a Performa with a challan. On it, learned counsel for the petitioner submits that he is not being provided that Performa and the challan. 6. Learned counsel for the Commission submits that if the petitioner approaches the respondent no.3/The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, today, he will be provided all the necessary documents, which are to be filed by him, and once it is filed today, the application that may be filed by the petitioner may be decided prior to the date of nomination. 7. Learned counsel for the petitioner submits that he would approach the respondent no.3/ The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, today itself, and after receiving the documents, she will submit it today itself. 3 8. The Court takes on record the statement given by learned counsel for the Commission. 9. The writ petition is disposed of with the direction to the petitioner that she may approach the respondent no.3/ The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, during the course of the day. If the petitioner approaches the respondent no.3/ The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, she shall be provided all the documents, which are required to be submitted by her for inclusion of her name in the voter list, today itself. If it is done, the respondent no.3/ The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, shall decide the application submitted by the petitioner before the date of nomination, in accordance with law. The decision shall be communicated to the petitioner immediately after such decision is taken. 10. The Court requests learned counsel for the Commission to immediately inform the respondent no.3/ The Assistant Election Officer/Sub Divisional Magistrate, Ramnagar, District Nainital, about the order that has been passed by the Court today so that just after half an hour when the petitioner approaches, necessary formalities may be done. (Ravindra Maithani, J) 03.07.2025 Ravi Bisht