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2026 DAILYLAW 265 (UTT)

SAURABH SINGH v. STATE OF UTTARAKHAND

WPMS/3792/2025 · 2026-01-03

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:100 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3792/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Deepak Pethshali, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Sanjay Bhatt, learned counsel for the respondent-State Election Commission. 4. Petitioner contested election for the Office of Gram Pradhan but he lost to respondent no. 6. Petitioner has challenged election of respondent no. 6 by filing an election petition, which is pending before Election Tribunal / Sub- Divisional Magistrate, Gangolihat, District Pithoragath. The ground taken in the election petition is that respondent no. 6 is not educationally qualified, as he has not passed High School from a recognised Board/Institution. 5. In this writ petition, petitioner has sought a direction to the Competent Authority to verify the High School Certificate submitted by respondent no. 6 at the time of filing nomination paper. Another direction, which has been sought, is to declare respondent no. 6 disqualified under Section 8(q) of Uttarakhand Panchayatiraj Act, 2016. 6. Since petitioner has approached the Election Tribunal for self-same relief and the ground taken is also similar, 2026:UHC:100 therefore, this Court finds substance in the submission made by learned counsel for Election Commission that no one can be permitted to simultaneously avail two remedies, founded on the same ground. 7. Thus, this Court declines to interfere in the matter. The writ petition, however, is disposed of with a direction to Election Tribunal / Sub-Divisional Magistrate, Gangolihat, to make endeavour to decide the election petition, as early as possible. (Manoj Kumar Tiwari, J) 03.01.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.03 03:27:19 -08'00'