Big decision of Uttarakhand High Court…Candidates having their names in voter list at two places will not be able to contest Panchayat elections
The High Court has banned those candidates from contesting Panchayat elections whose names are registered in the voter lists of both the local municipal body and the Gram Panchayat. The court has clarified that contesting elections by candidates whose names are in two voter lists is against the Panchayat Raj Act. The court also said that since the nomination process for the Panchayat elections has been completed, it is not interfering in the elections.
The case was heard before the division bench of Chief Justice G. Narender and Justice Alok Mehra. Shakti Singh Bartwal had filed a PIL in the High Court saying that the names of some candidates contesting Panchayat elections in 12 districts of the state except Haridwar are in the voter lists of both the municipal body and the Gram Panchayat. Returning officers have taken different decisions on these. Due to this, the nominations of the candidates have been cancelled in some places and their nominations have been accepted in some places.
The petition said that having names in two different voter lists is considered criminal. In the petition, this system in Uttarakhand has been questioned. The petitioner had sent letters to the State Election Commissioner on 7th and 8th July requesting to issue guidelines to prevent voters included in the voter list of the municipal body elections from voting and enrolling in the three-tier Panchayat elections in Uttarakhand. When there was no hearing, a petition has been filed in the High Court for not properly following sub-sections 6 and 7 of Section 9 of the Panchayati Raj Act. The Commission had issued the relevant notification on 6th July while guidelines were earlier issued to the District Election Officers in September 2019.
Different claims of both the parties, confusion remains
Despite the clear decision of the High Court to ban candidates whose names are in the voter list at two places from contesting the elections and calling it against the rules, confusion remains among the candidates about contesting or not contesting the elections. The plaintiff and the government’s advocate have interpreted the court’s statement that it is not interfering in the elections differently. Now people’s eyes are on the clarification of the Election Commission.
The High Court has not interfered in the election process currently going on. Therefore, this order will not affect these elections. This will be effective from future elections. After receiving a copy of the order, the Commission will consider its legal aspects.
- Sanjay Bhatt, Advocate of the Commission.
After the court order, candidates whose names are registered in two voter lists have become ineligible to contest elections. Not taking action in accordance with this will be contempt of court.
- Petitioner’s Advocate Abhijay Negi
