HI GH COURT OF UTTARAKHAND AT NAI NI TAL Hon’ble Justice Sri Rakesh Thapliyal

12^th December 2025 Writ Petition No. 1327 of 2025 (M/ S)

Mohd. Rafiq …............ Petitioner Vs.

State of Uttarakhand and others ..….......Respondents With Writ Petition No. 20 of 2025 (M/ B)

Naimulshan Khan and another …............ Petitioners Vs.

State of Uttarakhand and others ..….......Respondents And Writ Petition No. 176 of 2024 (PI L)

Mohd. Yaseen …............ Petitioner Vs.

State of Uttarakhand and others ..….......Respondents Counsel for the Petitioner : Mr. Mukul Talwar, learned Senior Advocate (through V.C.) assisted by Mr. Aayush Gaur, learned counsel Counsel for the State/respondents: Mr. Sunil Khera, learned Dy.

Advocate General.

Mr. Sanjay Bhatt, learned counsel for the State Election Commission.

(Mr. Rakesh Thapliyal, J.)

1. The Division Bench remanded Writ PIL No. 176 of 2024 and Writ Petition No. 20 of 2025 (M/B) to be heard along with WPMS No. 1327 of 2025. Now, WPMS No. 1327 of 2025 is being treated as a leading one, since, the subsequent actions of the respondents after interim order passed on 13.11.2024 in WPPIL No. 176 of 2024 are under challenge in this petition and by way of an amendment application subsequent Notification dated

19.05.2025 whereby the Village Siroli Kalan was treated to be separate Municipality is also being sought to be challenged, and the said amendment was allowed on

09.10.2025.

2. The brief facts, of the case, are that by Notification dated 23.04.2018, Village Siroli Kalan was included in the Municipality Kiccha and by treating the same to be part of the Municipality Kiccha, the election was held in the year 2018. The next election was due in the year 2023 but as per the constitutional mandate the election could not be held and even the roster of reservation was not finalized in respect of the Municipalities/Municipal Corporations/ Nagar Panchayat. What has happened by a Notification dated 03.09.2024, Village Siroli Kalan which was included in the Municipality Kiccha was excluded from the Municipality Kiccha and treated as a separate “revenue village”. This Notification dated 03.09.2024 was challenged in WPPIL No. 176 of 2024 and the Division Bench of this Court stayed the Notification dated 03.09.2024 on 13.11.2024 and while staying the Notification, the Division Bench make certain observations which read as under:-

4. Petitioner is a resident of Village Siroli Kalan in District Udham Singh Nagar. According to petitioner, Village Siroli Kalan was made part of Municipality, Kiccha by Notification dated 23.04.2018, and municipal elections were also held by treating Village Siroli Kalan, as part of municipality. However, by impugned notification dated 03.09.2024, Village Siroli Kalan has been excluded from Nagar Palika Parishad, Kiccha.

Consequently, it will again become a Revenue Village.

5. Learned Senior Counsel for petitioner submits that, since State Government had applied its mind to the ground reality, and had declared Village Siroli Kalan as part of municipality, because of the urbanisation, which had taken place in the Village, therefore, there is no material available with State Government to take a decision after six years, when further progress has been made in the locality, to declare it to be a rural area. This, according to petitioner, is impermissible, as per the provisions of the Constitution of India, and also the Municipalities Act.

6. We find some substance in the said submission. Once State Government declares a Revenue Village to be a part of a municipality, then, as per the statutory provisions, there is no going back for State Government, and the area, which has been declared as municipality, has to be treated as part of the municipal area, and it cannot be, thereafter, treated as a Revenue Village.

7. In such view of the matter, we stay the effect and operation of impugned notification dated 03.09.2024

3. Subsequently, on 20.12.2024, the learned Advocate General apprise to the Court that due to th