DEHRADUN: In a significant blow to the State Election Commission (SEC), the Nainital High Court has once again taken a stringent stand on the upcoming three-tier Panchayat elections in Uttarakhand, slated for the end of this month.
During a crucial hearing on Monday, the court issued explicit directives, stating that elections must adhere strictly to the provisions of the Panchayati Raj Act, warning that no violation would be tolerated.
The court reiterated that candidates whose names appear on voter lists in two different locations will be deemed ineligible to contest.
This controversy primarily revolves around candidates whose names are registered in both municipal (urban) and three-tier Panchayat (rural) voter lists.
Dehradun-based social activist Shakti Singh Bartwal initially highlighted this anomaly. On July 7 and 8, Bartwal wrote to the Uttarakhand State Election Commission, urging them to issue clear guidelines to prevent voters listed in urban body electoral rolls from participating or nominating themselves in the Panchayat elections.
Dissatisfied with the Commission's response and alleging non-compliance with Sub-sections 6 and 7 of Section 9 of the Panchayati Raj Act, Bartwal filed a Public Interest Litigation (PIL) in the High Court. His petition argued that having names on two separate voter lists is considered a criminal offense in other states, questioning the basis on which the Uttarakhand SEC was approving such candidacies.
The High Court had previously issued directives on this matter on July 11. Against these instructions, the State Election Commission had filed a review petition, arguing that significant resources had already been expended on the election process and seeking clarification on the decision's impact on the ongoing electoral exercise.
During Monday's hearing on the SEC's review petition, the High Court reiterated its earlier orders, effectively dismissing the Commission's arguments. The court emphatically stated, "Elections must be conducted only under the provisions of the Panchayati Act."
The court also clarified that it had not imposed any stay on the Panchayat elections. Furthermore, it stated that if any objection or complaint arises regarding a candidate, the aggrieved party could file a petition even after the elections.
Advocates Sanjay Bhatt and Special Counsel Arvind Vashishth represented the State Election Commission in court.
The High Court's decision has once again sent ripples through the Panchayat election process across the state's 12 districts. The situation has been further complicated by varying decisions from Returning Officers regarding dual-listed candidates, with some nominations being rejected while others were accepted.
Following the Nainital High Court's order, the SEC has revised symbol allocation dates for Panchayat elections: commenced on Monday at 2 PM, continuing Tuesday from 8 AM until completion.