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2025 Supreme(UK) 9
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Mohd Monish – Appellant
Versus
State of Uttarakhand and Others - Respondents
Writ Petition (M/S) Nos. 3577, 3593, 3660, 3703 of 2024, Writ Petition (M/S) Nos. 28, 29, 30, 41, 42, 43, 55, 66 of 2025
Decided On : 07-01-2025
Important Points
Subject
Electoral Law - Municipal Elections
Act Referred
UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS ACT: S.154
UTTAR PRADESH NAGAR PALIKA ACT: S.43(aa)
CONSTITUTION OF INDIA: Art.226, Art.243(zg), Art.243(zg)(b)
Headnote
(B) Electoral Process - The court reiterated that election validity can only be questioned via election petitions, emphasizing that judicial interference should be avoided once the election process is in motion. (Paras 29-34)
(C) Writ Petition No.3577 of 2024 regarded as the lead case among various petitions disputing election-related notifications and decisions regarding reservation and eligibility, with petitioners’ objections not being deemed sufficient grounds for legal intervention. (Paras 1-6)
Findings of Court:
The court found no merit in the writ petitions, thus upholding the electoral notifications and decisions.
Issues: Main issues included the legality of seat reservations and rejection of nominations in light of procedural compliance and the court's jurisdiction to intervene during elections.
Ratio Decidendi: The court clarified that its intervention was limited by constitutional provisions once an election process commences, prioritizing electoral integrity over individual grievances.
Result: Writ petitions dismissed.
For the Appellant : Bhupesh Kandpal
For the Respondents: C.S. Rawat, Gajendra Tripathi, Sanjay Bhatt
| Table of Content |
|---|
| 1. writ petitions filing and prayers for election nominations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments made by petitioners regarding election eligibility. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's perspective on the bar to electoral interference. (Para 24 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. judicial restraint from interfering in electoral processes. (Para 34 , 35) |
| 5. final dismissal of writ petitions with liberty to file new petitions. (Para 36 , 37 , 38 , 39) |
JUDGMENT :
ALOK KUMAR VERMA, J.
1. The Writ Petition (M/S) No.3577 of 2024 has been filed with the following prayers:-
“(i) A writ, order or direction in the nature of certiorari quashing the Notification 1496/IV(3)/2024-11(3 Nirva)/2024 dated 14.12.2014 issued (and published on 15.12.2024) by the department to the extent it relates to Nagar Nigam Kashipur whereby the seat was declared as General Seat; being voilative of law.
(ii) A writ order or direction in the nature of mandamus directing the respondent authorities to consider the representation dated 20.12.2024 (submitted online on 21.12.2024) before the respondent no.3, preferred by the petitioner in accordance with law keeping in view the law laid down by Hon’ble Supreme Court as well as Rule 6 of the Rules 2024 within a stipulated time period. (Annexure-3 to this writ petition).
(iii) Any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.
(iv) Award the cost of petition to the petitioner.”
2. The Writ Petition (M/S) No.3593 of 2024 has been filed with the following prayers:-
“(i) Issue a writ, order or direction in the nature of certiorari to quash the notification dated 23.12.2024 issued by the Additional Secretary Urban Development, State of Uttarakhand, Dehradun to the extent of reserving the post of Adhyaksh, Nagar Panchayat Selaqui for Other Backward Caste. (contained in Annexure No. 7)
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to de-reserve the post of Adhyaksh, Nagar Panchayat Selaqui as an OBC seat.
(iii) Issue any other suitable writ order or direction which this Hon'ble Court may deem fit, just and proper under the facts and circumstances of the case.”
3. The Writ Petition (M/S) No.3660 of 2024 has been filed with the following prayers:-
“(i) To issue a writ order, or direction in the nature of certiorari quashing the order dated 29.12.2024 (Annexure No.8 to this Writ Petition) passed by respondent no.6.
(ii) To issue a writ order, or direction in nature of mandamus commanding and directing to the respondents to issue OBC Caste certificate in favour of the petitioner.
(iii) To issue a writ order, or direction in the nature of mandamus commanding and directing to the respondents to accept the nomination form of the petitioner as OBC candidate for the post of Chairman, Nagar Palika Parishad, Dineshpur, Udham Singh Nagar.
(iv) To pass a suitable writ, order or direction in favour of the petitioner and against the respondents which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
(v) To Award cost of the petition.”
4. The Writ Petition (M/S) No.3703 of 2024 has been filed with the following prayers:-
“(i) To issue a writ, order or direction in the nature of certiorari quashing/setting aside the said tentative and final notifications dated 14.12.2024 (Annexure No. 2) and 23.12.2024 (Annexure No. 3) respectively, showing the list of seats of 46 Chairman of Nagar Panchayats that has been wrongly declared reserved or unreserved for different categories because the said list has not been prepared in accordance with law.
(ii) Issue a writ, order or direction in the nature of Mandamus, commanding the respondent to issue a fresh notification or a revised list of 46 seats of Chairman of Nagar Panchayat by strictly following the procedure as laid down in provisions of the Uttarakhand Nagar Palika/Nagar
