HC stays Uttarakhand SEC clarification on candidates listed in more than 1 electoral roll

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.

Published on: Jul 11, 2025, 20:50:32 IST

By Neeraj Santoshi

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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.

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. (State Election Commission, Uttarakhand)

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.

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.

ABOUT THE AUTHOR
Neeraj Santoshi
Neeraj Santoshi is the Chief of Bureau for Hindustan Times in Uttarakhand, where he leads the state reporting team while covering government, politics, environment, wildlife, Uttarakhand High Court, and issues shaping the Himalayan region. With more than two decades in journalism across conflict zones, he has covered politically sensitive regions and environmentally fragile landscapes, and focused on stories that combine public interest with in-depth storytelling. An alumnus of Pune University with a Master’s in Communication Studies, he has reported extensively from Jammu & Kashmir (2003-2010), Madhya Pradesh (2010 to 2018 ) and Uttarakhand (Since 2018), covering subjects ranging from insurgency, elections and governance to wildlife conservation, mining, climate change, agriculture, human rights and social justice. He has covered politics and legislative assemblies of both Jammu & Kashmir and Madhya Pradesh over more than a decade. Before taking over as Chief of Bureau in Uttarakhand, he served as Special Correspondent with Hindustan Times in Madhya Pradesh and earlier reported for both Hindustan Times and The Indian Express in Jammu & Kashmir, where he covered state politics, environment and insurgency-related developments. Over the years, his stories have focused on environmental degradation, wildlife, illegal mining, governance and the changing social fabric of Himalayan states and Central India. He is particularly interested in long-form explanatory journalism, and stories that explore the intersection of ecology, conservation, governance and society. Outside the newsroom, Neeraj enjoys reading widely on neuroscience, consciousness studies, Artificial Intelligence and quantum physics, with a special interest in Kashmiri Tantric Shaivist traditions. He is also passionate about wildlife, mountaineering and the Himalayas, interests that continue to inform his reporting and deepen his understanding of the region he covers.Read More

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