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2025 Supreme(Online)(SC) 9921

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJ
DEEPAK CHANDRA – Appellant
Versus
UTTARAKHAND COOPERATIVE ELECTION TRIBUNAL & ORS. – Respondent
Special Leave to Appeal (C) No. 11107/2025

Advocates:
For the Appellants/Petitioners: Mr. Devadatt Kamat, Mr. Javedur Rahman, Mr. Vikas Bahuguna, Mr. Saharul Alam Laskar, Mr. Hruday Bajentri
For the Respondents: Mr. Amit Anand Tewari, Mr. Raj Kumar Singh, Ms. Neelam Singh, Ms. Nidhi Agarwal, Ms. Vanshika Tewari, Mr. Neeraj Kumar Sharma, Mr. Raja Kumar, Mr. Sanyam Tandon, Ms. Nandini Chhabra, Mr. Yashasvi Virendra

Interim orders must balance procedural justice with statutory responsibilities.

Headnote:Statute Analysis: This case involves a Special Leave Petition regarding an interim order under Special Appeal No. 16/2025. Facts: The petition was prompted by an interim order from the High Court concerning election notifications issued post-amendment. Underlying these issues, the Court aimed to ensure justice was served by confirming prior interim orders. Findings: The Court has not commented on the merits but emphasizes the importance of expeditious resolution.

Issues: The core question revolves around the legality and implications of the interim order.

Ratio Decidendi: The court ensured that procedural justice was maintained and the election commission's duties remain intact.

Result: With these observations, the Special Leave Petition stands disposed of.

Table of Content
1. interim orders appeal context (Para 1)
2. notice and interim order confirmations (Para 2 , 3)
3. contention left open and procedural justice (Para 4 , 5)
4. final disposal and application conclusions (Para 6 , 7)

O R D E R

1. This Special Leave Petition has been filed against an interim order dated 27-02-2025 passed by the High Court of Uttarakhand at Nainital in Special Appeal No. 16/2025.

2. While issuing notice on 07.04.2025, this Court granted interim order staying the operation of the impugned order. The said interim order is still in operation.

3. Heard Mr. Devadatt Kamat, learned senior counsel appearing for the petitioner and Mr. Amit Anand Tiwari, learned senior counsel appearing for Respondent No. 1 and Ms. Nidhi Agarwal, learned counsel appearing for Respondent No. 2.

4. Having considered the matter in detail and in view of the fact that election notification was issued on 25.01.2025, which is after the amendment dated 12.12.2024, we are of the opinion that interest of justice would be subserved if we confirm our interim order dated 07.04.2025 and request the High Court to decide the main writ petition expeditiously. Ordered accordingly. We further clarify that our order will not restrict the Election Commission in exercising its statutory duty.

5. We make it clear that we have not expressed any opinion on the merits of the matter and all contentions are left open for being advanced and considered by the High Court.

6. With these observations, the Special Leave Petition stands disposed of.

7. Pending interlocutory application(s), if any, is/are disposed of.

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2025 Supreme(Online)(SC) 9921

SUPREME COURT OF INDIAPAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJDEEPAK CHANDRA – AppellantVersusUTTARAKHAND COOPERATIVE ELECTION TRIBUNAL & ORS. – RespondentSpecial Leave to Appeal (C) No. 11107/2025

Interim orders must balance procedural justice with statutory responsibilities.

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJ
DEEPAK CHANDRA – Appellant
Versus
UTTARAKHAND COOPERATIVE ELECTION TRIBUNAL & ORS. – Respondent
Special Leave to Appeal (C) No. 11107/2025