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2025 Supreme(Online)(UK) 2134
HIGH COURT OF UTTARAKHAND
G. Narendar, CJ, Alok Mahra, J
Akash Bora – Appellant
Versus
State of Uttarakhand and Others – Respondent
Public Interest Litigation No. 131 of 2025
For the Appellant: Mr. Tajhar Qayyum
For the Respondents: Mr. J.C. Pande, Mr. Sanjay Bhatt
The court affirmed the jurisdiction of the Election Tribunal to address grievances of electoral irregularities following the inquiry into fraudulent voter entries.
Headnote:(A) Uttarakhand Panchayati Raj Act, 2016 - Sections 9 and 9(10) - Inquiry into fraudulent voter entries - Petitioner sought a fair inquiry into alleged fraudulent entries and a mandate to remove ineligible voters from the electoral list - Learned counsel for the State reported actions taken against concerned officials and compliance with relevant Act and Rules. (Paras 2-5)
(B) Election Petition - Remedying vitiated elections - Court noted that if elections are found vitiated, the petitioner may approach the Election Tribunal for remedy as the competent authority to examine such matters. (Paras 6-7)
Facts of the case:
The petitioner sought relief against fraudulent voter entries ahead of the Panchayat elections, pointing out procedural violations - The State indicated that actions had taken against the Village Development Officer and actions concerning electoral rolls had been initiated.
Findings of Court:
Court acknowledged the actions taken and emphasized the availability of remedy through the Election Tribunal for contesting any irregularities alleged in the elections.
Issues: The core issues related to the inquiry into fraudulent voting entries and the appropriate forums for addressing electoral grievances.
Ratio Decidendi: The court determined that the petitioner had the right to pursue further remedies through the Election Tribunal as the competent authority for electoral disputes, emphasizing adherence to legislative provisions governing electoral processes.
Result: Writ petition disposed of with liberty granted to seek remedy before the Election Tribunal.
| Table of Content |
|---|
| 1. initiatives taken by state election commission regarding the electoral roll. (Para 3 , 5) |
| 2. potential voting irregularities and avenues for resolution. (Para 4 , 6) |
| 3. designation of election tribunal as the appropriate forum for election disputes. (Para 7) |
| 4. court’s conclusion to dispose of the writ with liberty granted. (Para 8) |
JUDGMENT :(per Mr. G. Narendar C. J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State Election Commission.
2. The instant writ petition is preferred praying for the following reliefs:
“1. Direct an impartial and independent committee to conduct a fair inquiry, before 24.07.2025, into the role of Respondent Nos. 5, 6 and 7 (VDO, BLO, and Respondent No.7) in making fraudulent entries using fabricated documents, and into the involvement and eligibility of the 52 individuals to vote in the upcoming Panchayat election of the 52 individuals to vote in the upcoming Panchayat elections of Gram Panchayat Dudhlakot whose names were allegedly included illegally in the voter list.
2. Order to allow voting of these 52 individuals in the upcoming elections of gram panchayat Budhlakot if it is found by the independent committee that they are eligible to vote as per Uttarakhand Panchayat Raj Act and Constitution of India.
3. Issue a writ of mandamus directing the Respondents to delete the 52 fraudulently included names from the voter list of Gram Sabha Budhlakot after due enquiry and providing them opportunity of hearing in accordance with the provisions of the Uttarakhand Panchayati Raj Act, 2016 .”
3. Learned Standing Counsel for the State Election Commission submits that, pursuant to the filing of the writ petition, action has been initiated and the Village Development Officer has been placed under suspension, and the names of such individuals, who were found not ordinarily residing in the Village, have also been deleted from the electoral roll.
4. Per contra, learned counsel for the petitioner would submit that some of the persons, whose names have been pointed out by the petitioner in the petition and arrayed as respondents, have already cast their votesin the elections that were held on 24.07.2025.
5. The Chief Secretary has filed compliance affidavit placing on record the stand of the State Government and the relevant portions of the affidavit reads as under:
“4. That in accordance with Section 9 of the Uttarakhand Panchayati Raj Act, 2016 , the electoral roll for each constituency of the Gram Panchayat shall be prepared under the superintendence, direction and control of the State Election Commission. Further as per Section 9 (10), if the Act and Rules do not provide for a matter concerning electoral roll, then the State Election Commission may, by order, make provisions in respect of the same.
5. Accordingly, the State Election Commission vide notification no.1015 dated 05.10.2024, issued direction for a detailed revision of the Panchayat Electoral rolls of all the districts of Uttarakhand (except Haridwar district), as per the provisions of the Uttar Pradesh Panchayati Raj (Electoral Registration) Rules, 1994. In this connection, copy of the notification dated 05.10.2024 issued by the State Election Commission is being marked and annexed as (Annexure No.1) to the affidavit.
6. That it is respectfully submitted that for the purpose of revising or preparing the electoral roll of a constituency, reliance is to be placed upon the provisions of the Uttar Pradesh Panchayati Raj (Electoral Registration) Rules, 1994.
7. Therefore, the State Government of Uttarakhand, has no role to play in so far as the preparation of Electoral Roll is concerned.”
6. If the petitioner is of the view that the elections are vitiated, it is always open for the petitioner to avail the remedy of filing an Election Petition and the Election Tribunal, being the competent authority, shall examine the issue, in accordance with law.
7. In view of the submissions made by the learned Standing Coun
