WPPIL/141/2025 of SUNEET SINGH Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR

AND

THE HON’BLE JUSTICE MR. ALOK MAHRA

Public Interest Litigation No. 141 of 2025

1[st] August, 2025

Suneet Singh …………..Petitioner

Versus

State of Uttarakhand and Others ...…….Respondents ----------------------------------------------------------------------

Presence:-

Mr. Arjun Arora holding brief of Mr. AbhishekVerma, learned counsel for the petitioner. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand. Mr. Sanjay Bhatt, learned counsel for State Election Commission/respondent no.2.

----------------------------------------------------------------------

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 fair inquiry, before 24.07.2025, into the role of Respondent Nos. 5 in making fraudulent entries using fabricated documents, and into the involvement and eligibility of the 200 individuals to vote in the upcoming Panchayat

2025:UHC:6767-DBallegedly

Buxaura whose names were included illegally in the voter list.

2. Order to allow voting of these 200 individuals in the upcoming elections of gram panchayat Buxaura 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 writ of mandamus directing the Respondents to delete the 200 fraudulently included names from the voter list of Gram Sabha Buxaura after due enquiry and providing them opportunity of hearing in accordance with the provisions of the Uttarakhand Panchayati Raj Act, 2016.”

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 such of those names, who were found not ordinarily residing in the Village, have also been deleted.

Per contra, learned counsel for the

petitioner would submit that some of the persons, whose names have been pointed out by the

2025:UHC:6767-DB

petitioner, have already cast their votes in the elections that were held on 24.07.2025.

If the petitioner is of the opinion that the

elections are vitiated, it is always open for the petitioner to avail the remedy of an Election Petition and the Election Tribunal, being competent to address the issue, will consider the same, in accordance with law.

In view of the submissions made by the

learned Standing Counsel for the State Election Commission that action has already been initiated, we are of the opinion that the instant writ petition can be disposed of by granting liberty to the petitioner to seek remedy before the Election Tribunal.

7. accordingly.

The writ petition stands disposed of

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.)