DEHRADUN: The Uttarakhand high court on Friday stayed a clarification issued by the State Election Commission (SEC) that allowed candidates with names in multiple electoral rolls to contest panchayat elections.
A division bench comprising chief justice G Narendar and justice Alok Mahra held that the SEC’s clarification was prima facie in contravention of the Uttarakhand Panchayati Raj Act, 2016.
The order came on a writ petition filed by a Rudraprayag-based Shakti Singh Barthwal, who raised concerns about the legality of candidates being permitted to file nominations despite being listed in more than one gram panchayat, territorial constituency, or municipal body electoral roll.
Abhijay Negi, who was represented by Abhijay Negi and Snigdha Tiwari, argued that the SEC’s clarification was inconsistent with the statutory mandate of Section 9(6) and 9(7) of the 2016 Act.
In a controversial move, the SEC on July 6 said, “the nomination paper of a candidate will not be rejected only on the ground that his name is included in the electoral roll of more than one gram panchayat, territorial constituency, or municipal body.
Negi said the 2016 Act clearly prohibits a person from being registered in the electoral roll in more than one territorial constituency and places restrictions on such registration if a person is already listed in a municipal electoral roll, unless the earlier entry has been formally struck off.
{{/usCountry}}Negi said the 2016 Act clearly prohibits a person from being registered in the electoral roll in more than one territorial constituency and places restrictions on such registration if a person is already listed in a municipal electoral roll, unless the earlier entry has been formally struck off.
{{/usCountry}}The court observed that the SEC’s interpretation, allowing nominations despite multiple entries, undermines the provisions of the law.
“The clarification… prima facie… appears to be in the teeth of the statutory provisions,” the bench said, as it passed directions that the clarifications “shall not be acted upon.”
The case scheduled to be heard next on August 11.
The voting for the first phase of the panchayat elections in 12 districts (excluding Haridwar) will be held on July 24, followed by the second phase on July 28. The counting of votes will take place on July 31. Dates for Haridwar are yet to be announced.