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2025 DAILYLAW 9450 (UTT)

RAJU v. STATE ELECTION COMMISSION

WPMB/601/2025 · 2025-07-29

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:6596-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 Writ Petition (M/B) NO. 601 of 2025 29th July, 2025 Raju ……...Petitioner Versus State Election Commission and others ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Arjun Aroa, learned counsel for petitioner. Mr. Sanjay Bhatt, learned counsel for respondents. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard learned counsel for the petitioner and learned counsel for respondents. 2. The present writ petition has been preferred seeking issuance of a writ, order or direction in the nature of certiorari to quash the letter bearing No. 1571/R.N.A.-2/4285TC-2/2024 dated 06.07.2025, on the ground that the said letter is violative of the provisions of the Uttarakhand Panchayat Raj Act, 2016 and is contrary to the judgment of this Court in Vipul Jain vs. State of Uttarakhand, reported in 2019 SCC OnLine Utt 1024. The petitioner has also sought 2025:UHC:6596-DB 2 reliefs as contained in prayer Nos. 2 and 3 of the petition. 3. The allegation, in a nutshell, is that one of the candidates contesting from the Dohari Wakil constituency is registered in the electoral list of two different constituencies and, despite the same and the observations of this Court in the aforementioned judgment, the Returning Officer has permitted respondent no. 4 to contest the election. It is an admitted fact that the election process was completed on 28.07.2025, i.e., yesterday. 4. In that view of the matter, the writ petition is disposed of by reserving liberty to the petitioner to approach the Election Tribunal for redressal of his grievance. It is made clear that the disposal of this writ petition is not a pronouncement on the merits of the claims of the respective parties and, the Election Tribunal shall consider and decide the claim of the petitioner, strictly in accordance with law and without being influenced by any observation made herein. 5. There shall be no order as to costs. 2025:UHC:6596-DB 3 6. The Election Tribunal shall endeavour to dispose of the petition, if any, filed before it within the time frame stipulated under the Act and the Rules. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 29.07.2025 Mamta