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HIGH COURT OF UTTARAKHAND
SHIVANI RANA – Appellant
Versus
JARBANWATI – Respondent
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2490 of 2025
22 August, 2025
Shivani Rana --Petitioner
Versus
Jarbanwati and Ors. --Respondents ----------------------------------------------------------------------
Presence:-
Mr. Yogesh Pant, learned counsel for the petitioner.
Mr. Sanjay Bhatt, learned counsel for respondent Nos.3,
4 and 6.
Mr. Anil Dabral, learned Additional C.S.C. with Mr. Sudhir Nailwal, learned Standing Counsel for the State
of Uttarakhand/respondent No.5.
Hon’ble Pankaj Purohit, J. (Oral)
By means of the present writ petition under
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
The secrecy of the ballot is sacrosanct, and a recount of votes should only be ordered based on specific and proven allegations, following the prescribed procedure.
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.
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