Uttarakhand HC grills election commission over Nainital panchayat poll chaos, 'kidnapping' claims
DEHRADUN: The Uttarakhand High Court on Wednesday put the State Election Commission (SEC) under intense scrutiny, demanding a detailed affidavit within two days regarding the alleged irregularities in the Nainital Zila Panchayat President and Vice-President elections held on August 14. The alleged irregularities include "kidnapping" of members and ballot paper tampering.
A division bench of Chief Justice G Narendra and Justice Subhash Upadhyay heard a petition challenging the election process and sought a comprehensive report from the SEC on the actions taken on the numerous complaints received. The next hearing in the high-stakes case is scheduled for September 1.
During the proceedings, the court specifically questioned the SEC on what decisions were made based on reports submitted by Nainital District Magistrate Vandana Singh and SSP Prahlad Narayan Meena. The SEC's response was deemed "unsatisfactory" by the bench, which then ordered a detailed explanation of the actions taken and decisions made by the commission.
The petition was filed by Zila Panchayat member Poonam Bisht on August 20, seeking re-polling for the President's post. Bisht alleged "tampering and overwriting" on a ballot paper, which was subsequently declared invalid, and claimed the SEC prematurely declared the results without following due process.
The election day on August 14 had witnessed high drama and significant unrest. Reports emerged of five Zila Panchayat members allegedly going missing amidst accusations of "kidnapping" traded between the BJP and Congress.
The Congress had initially approached the High Court, which then directed the Nainital District Magistrate to postpone the election. However, District Magistrate Vandana Singh proceeded with the voting time extension and conducted the counting late at night under videography, though the results were not immediately declared and were stored in a double locker.
DM Vandana Singh justified her actions, stating that, as per Election Commission rules, the District Election Officer does not possess the authority to cancel or postpone an election. The SEC eventually declared the results on August 16, with BJP candidate Deepa Darmwal winning the President's post by a single vote. The Congress candidate had raised strong objections, citing the alleged tampering and overwriting on one ballot paper.
Meanwhile, the government counsel argued for the dismissal of the petition, contending that the petitioner, Poonam Bisht, was only a Zila Panchayat member and not a candidate for the President's post. This argument was strongly opposed by the petitioner's counsel, who asserted that as an elected member, they had every right to challenge the election outcome and ensure the integrity of the democratic process.