Pet it ioner v. St at e of Ut t arakhand and Ot hers

Counsel for t he Pet it ioner : Mr. Devadut t Kam at , Senior Advocat e ( t hrough video conferencing) assist ed by Mr. Dushyant Mainali, Advocat e. Counsel for t he Respondent Nos.1, 4 and 6. Advocat e. : Mr. Sanj ay Bhat t , Counsel for t he Respondent no.2. Counsel for t he Respondent no.3. Counsel for t he Respondent No.5. : Mr. Devesh Bishnoi, Advocat e. : Mr. Akshay Prdhan, Advocat e. : Mr. Ankit Rana, Advocat e, holding brief of Mr. Sandeep Kot hari, Advocat e. Wit h W RI T PETI TI ON ( M / S) N O.3 0 o f 2 0 2 5 I srar ..…Pet it ioner Versus Ret urning Officer, Urban Local Bodies and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. Devadut t Kam at , Senior Advocat e ( t hrough video conferencing) assist ed by Mr. Dushyant Mainali, Advocat e. 3 Counsel for t he Respondent Nos.1, 4 and 6. Advocat e. : Mr. Sanj ay Bhat t , Counsel for t he Respondent no.2. Counsel for t he Respondent no.3. Counsel for t he Respondent No.5. : Mr. Devesh Bishnoi, Advocat e. : Mr. Akshay Prdhan, Advocat e. : Mr. Ankit Rana, Advocat e, holding brief of Mr. Sandeep Kot hari, Advocat e. Wit h W RI T PETI TI ON ( M / S) N O.4 1 o f 2 0 2 5 Yam ini Rohilla ..…Pet it ioner Versus St at e of Ut t arakhand and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. Arvind Vashist ha, Senior Advocat e assist ed by Mr. Bhuwan Bhat t , Advocat e. Counsel for t he Respondent nos.1 and 4. : Mr. C.S. Rawat , Chief St anding Counsel assist ed by Mr. Gaj endra Tripat hi, St anding Counsel. Counsel for t he Respondent Nos.2 and 3. : Mr. Sanj ay Bhat t , Advocat e. Counsel for t he Respondent No.5. : Ms. Seem a Sah, Advocat e t hrough video conferencing. Wit h W RI T PETI TI ON ( M / S) N O.4 2 o f 2 0 2 5 Ghulaam Gouss ..…Pet it ioner Versus St at e of Ut t arakhand and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. D.S. Pat ni, Senior Advocat e assist ed by Mr. 4 Counsel for t he Respondent No.1 Tribhuvan Fart hiyal, Advocat e. : Mr. C.S. Rawat , Chief St anding Counsel assist ed by Mr. Gaj endra Tripat hi, St anding Counsel. Counsel for t he Respondent Nos.2 t o 4 : Mr. Sanj ay Bhat t , Advocat e. Counsel for t he Respondent : Mr. Siddhart ha Singh, No.5 Advocat e. Counsel for t he Caveat or : Ms. Soniya Chawla, Advocat e. Wit h W RI T PETI TI ON ( M / S) N O.4 3 o f 2 0 2 5 Hargovind Singh Rawal ..…Pet it ioner Versus St at e of Ut t arakhand and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. Shobhit Saharia, Advocat e. Counsel for t he Respondent no.1 : Mr. C.S. Rawat , Chief St anding Counsel assist ed by Mr. Gaj endra Tripat hi, St anding Counsel. Counsel for t he Respondent No.2 : Mr. Sanj ay Bhat t , Advocat e. Wit h W RI T PETI TI ON ( M / S) N O.5 5 o f 2 0 2 5 Sukhvinder Singh ..…Pet it ioner Versus St at e of Ut t arakhand and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. V.K. Kaparuwan, Advocat e. Counsel for t he Respondent nos.1,2 and 4. : Mr. C.S. Rawat , Chief St anding Counsel assist ed by Mr. Gaj endra 5 Tripat hi, St anding Counsel. Counsel for t he Respondent Nos.3 & 5. : Mr. Sanj ay Bhat t , Advocat e. Counsel for t he Caveat or/ Com plainant : Mr. S.K. Mandal, Advocat e. Wit h W RI T PETI TI ON ( M / S) N O.6 6 o f 2 0 2 5 Abbal Singh Kat hait ..…Pet it ioner Versus St at e of Ut t arakhand and Ot hers ..…Respondent s Counsel for t he Pet it ioner : Mr. Abhij ay Negi, Advocat e. Counsel for t he Respondent nos.1 and 2. : Mr. C.S. Rawat , Chief St anding Counsel assist ed by Mr. Gaj endra Tripat hi, St anding Counsel. Counsel for t he Respondent No.3 : Mr. Sanj ay Bhat t , Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The Writ Pet it ion ( M/ S) No.3577 of 2024 has been filed wit h t he following prayers: - “ ( i) A writ , order or direct ion in t he nat ure of cert iorari quashing t he Not ificat ion 1496/ I V( 3) / 2024- 11( 3 Nirva) / 2024 dat ed

14.12.2014 issued ( and published

15.12.2024) by t he depart m ent t o t he ext ent it relat es t o Nagar Nigam Kashipur whereby t he seat was declared as General Seat ; being voilat ive of law . ( ii) A writ order or direct ion in t he nat ure of m andam us direct ing t he respondent 6 aut horit ies t o consider t he represent at ion dat ed 20.12.2024 ( subm it t ed online on

21.12.2024) before t he respondent no.3, preferred by t he pet it ioner in accordance wit h law keeping in view t he law laid down by Hon’ble Suprem e Court as well as Rule 6 of t he Rules 2024 wit hin a st ipulat ed t im e period. ( Annexure- 3 t o t his writ pet it ion) . ( iii) Any ot her suit able writ , order or direct ion which t his Hon’ble Court m ay deem fit and proper in t he circum st ances of t he case. ( iv) Award t he cost of pet it ion t o t he pet it ioner.” 2 . The Writ Pet it ion ( M/ S) No.3593 of 2024 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari t o quash t he not ificat ion dat ed 23.12.2024 issued by t he Addit ional Secret ary Urban Developm ent , St at e of Ut t arakhand, Dehradun t o t he ext ent of reserving t he post of Adhyaksh, Nagar Panchayat Selaqui for Ot her Backward Cast e. ( cont ained in Annexure No. 7) ( ii) . I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o de- reserve t he post of Adhyaksh, Nagar Panchayat Selaqui as an OBC seat . ( iii) . I ssue any ot her suit able writ order or direct ion which t his Hon'ble Court m ay deem 7 fit , j ust and proper under t he circum st ances of t he case.” fact s and 3 . The Writ Pet it ion ( M/ S) No.3660 of 2024 has been filed wit h t he following prayers: - “ ( i) To issue a writ order, or direct ion in t he nat ure of cert iorari quashing t he order dat ed

29.12.2024 ( Annexure No.8 t o t his Writ Pet it ion) passed by respondent no.6. ( ii) To issue a writ order, or direct ion in nat ure of m andam us com m anding and direct ing t o t he respondent s t o issue OBC Cast e cert ificat e in favour of t he pet it ioner. ( iii) To issue a writ order, or direct ion in t he nat ure of m andam us com m anding and direct ing t o t he respondent s t o accept t he nom inat ion form of t he pet it ioner as OBC candidat e for t he post of Chairm an, Nagar Palika Parishad, Dineshpur, Udham Singh Nagar. ( iv) To pass a suit able writ , order or direct ion favour of t he pet it ioner and against t he respondent s which t his Hon’ble Court m ay deem fit and proper in t he fact s and circum st ances of t he present case. ( v) To Award cost of t he pet it ion.” 4 . The Writ Pet it ion ( M/ S) No.3703 of 2024 has been filed wit h t he following prayers: - “ ( i) To issue a writ , order or direct ion in t he nat ure of cert iorari quashing/ set t ing aside 8 t he said t ent at ive and final not ificat ions dat ed

14.12.2024 ( Annexure No. 2)

23.12.2024 ( Annexure No. 3) respect ively, showing t he list of seat s of 46 Chairm an of Nagar Panchayat s t hat has been wrongly declared reserved or unreserved for different cat egories because t he said list has not been prepared in accordance wit h law. ( ii) I ssue a writ , order or direct ion in t he nat ure of Mandam us, com m anding t he respondent t o issue a fresh not ificat ion or a revised list of 46 seat s of Chairm an of Nagar Panchayat by st rict ly following t he procedure as laid down in provisions of t he Ut t arakhand Nagar Palika/ Nagar Panchayat ( Reservat ion and Allot m ent of Seat and Post ) Rules, 2024 ( Annexure No. 1) . ( iii) Any ot her order or direct ion which t his Hon'ble Court m ay deem fit and appropriat e.” 5 . The Writ Pet it ion ( M/ S) No.28 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari for quashing t he order dated 01.01.2025 passed by respondent по. 1 vide Order No. 12/ ना० स्था०�न० सा०�न०/ 2024- 25 ( Annexure No. 1 t o t he writ pet it ion) so far as it relat es t o t he pet it ioner, whereby t he nom inat ion paper of t he pet it ioner filed for cont est ing elect ion on t he post of Chairm an of Municipal Council of Nagar Palika Parishad, Manglaur, Dist rict Haridwar in Urban Local 9 Bodies General Elect ion, 2024 has been rej ect ed. ( ii) To issue a writ , order or direct ion in t he nat ure of m andam us direct ing com m anding t he respondent s part icularly respondent nos. 1, 4 & 6 t o approve t he nom inat ion paper of t he pet it ioner and t o fort hwit h allot elect ion sym bol and perm it her t o cont est t he m unicipal elect ion 2024 for t he post of Chairm an of Nagar Palika Parishad Manglaur, Dist rict Haridwar. ( iii) I ssue any ot her, furt her writ , order or direct ion which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case. ( iv) To award t he cost of t he pet it ion in favour of t he pet it ioner.” 6 . The Writ Pet it ion ( M/ S) No.29 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari for quashing t he order dat ed 01.01.2025 passed by respondent . no. 1 vide Order No. 12/ ना० स्था०�न०सा०�न०/ 2024- 25 ( Annexure No. 1 t o t he writ pet it ion) so far as it relat es t o t he pet it ioner, whereby t he nom inat ion paper of t he pet it ioner filed for cont est ing elect ion on t he post of Chairm an of Municipal Council of Nagar Palika Parishad, Manglaur, Dist rict Haridwar in Urban Local Bodies General Elect ion, 2024 has been rej ect ed. 10 ( ii) To issue a writ , order or direct ion in t he nat ure of m andam us direct ing com m anding t he respondent s part icularly respondent nos. 1, 4 & 6 t o approve t he nom inat ion paper of t he pet it ioner and t o fort hwit h allot elect ion sym bol and perm it him t o cont est t he m unicipal elect ion 2024 for t he post of Chairm an of Nagar Palika Parishad Manglaur, Dist rict Haridwar. ( iii) I ssue any ot her, furt her writ , order or direct ion which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case. ( iv) To award t he cost of t he pet it ion in favour of t he pet it ioner.” 7 . The Writ Pet it ion ( M/ S) No.30 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari for quashing t he order dat ed 01.01.2025 passed by respondent no. 1 vide Order No. 12/ ना०स्था०�न०सा०�न०/2024- 25 ( Annexure No. 1 t o t he writ pet it ion) so far as it relat es t o t he pet it ioner, whereby t he nom inat ion paper of t he pet it ioner filed for cont est ing elect ion on t he post of Chairm an of Municipal Council of Nagar Palika Parishad, Manglaur, Dist rict Haridwar in Urban Local Bodies General Elect ion, 2024 has been rej ect ed. ( ii) To issue a writ , order or direct ion in t he nat ure of m andam us 11 direct ing com m anding t he respondent s part icularly respondent nos. 1, 4 & 6 t o approve t he nom inat ion paper of t he pet it ioner and t o fort hwit h allot elect ion sym bol and perm it him t o cont est t he m unicipal elect ion 2024 for t he post of Chairm an of Nagar Palika Parishad Manglaur, Dist rict Haridwar. ( iii) I ssue any ot her, furt her writ , order or direct ion which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case. ( iv) To award t he cost of t he pet it ion in favour of t he pet it ioner.” 8 . Present Writ Pet it ion ( M/ S) No.41 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order, or direct ion in t he nat ure of cert iorari t o set aside t he order dat ed

01.01.2025 bearing let t er no. 53/ 2025/ 2024- 25 ( Annexure No. 1) passed t he respondent no. 3, whereby t he respondent no. 3 rej ect ed t he nom inat ion form of t he pet it ioner t he seat of Chairm an, Nagar Palika Parishad Herbert pur which has been reserved by t he reservat ion rost er for t he OBC Wom en. ( ii) I ssue a suit able writ , order or direct ion in favor of pet it ioner which t his Hon'ble Court m ay deem fit and proper in t he fact s and circum st ances of t he present case. ( iii) To award t he cost of t he present writ pet it ion t o t he pet it ioner.” 12 9 . The Writ Pet it ion ( M/ S) No.42 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari quashing t he im pugned order dat ed 01.01.2025 passed by t he Ret urning Officer, Nagar Palika Gadarpur ( cont ained as Annexure no.3 t o t his writ pet it ion) and t o direct t he respondent no.2 t o include t he nam e of t he pet it ioner in t he list of cont est ing candidat es for t he Elect ion t o t he posit ion of Chairm an, Nagar Palika, Gadarpur. ( ii) I ssue a writ order or direct ion in t he nat ure of m andam us direct ing t he Dist rict Ret urning Officer, U.S. Nagar/ Dist rict Magist rat e U.S. Nagar/ respondent no.2 herein t o fort hwit h decide t he pet it ioner ’s represent at ion dat ed 02.01.2025 ( cont ained as Annexure no.4) against arbit rary rej ect ion of his Nom inat ion form for t he posit ion of Chairm an, Nagar Palika, Gadarpur and pass a speaking reasoned com m unicat e t he sam e t o t he pet it ioner. ( iii) I ssue any writ order which t his Hon’ble Court m ay deem fit in t he int erest of j ust ice.” 1 0 . The Writ Pet it ion ( M/ S) No.43 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari quashing t he im pugned dat ed

01.01.2025 annexed 13 Annexure no.1. ( ii) . I ssue any suit able order or direct ion of any nat ure which t his Hon'ble Court m ay deem fit and proper. ( iii) . Award t he cost of t he writ pet it ion in favour of t he pet it ioner.” 1 1 . The Writ Pet it ion ( M/ S) No.55 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion, in t he nat ure of cert iorari quashing t he im pugned rej ect ion dat ed 1.1.2025 by respondent no.3, cont ained as Annexure no.1 t o t he writ pet it ion. ( ii) I ssue a writ , order or direct ion, in t he nat ure of m andam us com m anding t he respondent s t o perm it t he pet it ioner cont est ing t he elect ion of Chairm an, Nagar Panchayat , Nanakm at t a, Dist rict Udham Singh Nagar. ( iii) I ssue a writ , order or direct ion, which t his Hon'ble Court m ay deem fit and proper under t he circum st ances of t he case. ( iv) Award t he cost of t he pet it ion.” 1 2 . The Writ Pet it ion ( M/ S) No.66 of 2025 has been filed wit h t he following prayers: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari quashing t he not ificat ion dat ed 23rd Decem ber 2024 ( Annexure No. 4) wit h respect t o t he reservat ion of t he 14 Chairperson of Nagar Panchayat seat , Nandanagar as it has been issued wit hout t aking int o account t he dem ographic of Nandanagar as it has been reserved fem ale despit e t he fact t hat t he populat ion of m ales exceeds t he populat ion of fem ales ( see Annexure No. 5 ( Colly.) ) . ( ii) I ssue a writ , order or direct ion in t he nat ure of m andam us, com m anding t he respondent , Direct or of Urban Developm ent t o t ake a reasoned decision on t he represent at ion dat ed 16t h Decem ber 2024 as subm it t ed by t he pet it ioner in t he office of Direct or of Urban and Developm ent ( Annexure No. 1) , and subsequent ly re- issue t he not ificat ion wit h respect t o reservat ion of seat of Chairperson of Nagar Panchayat , Nandanagar. ( iii) Pass any ot her order t hat t his court m ay deem ed fit in t he int erest of j ust ice, equit y and good conscious.” 1 3 . The Writ Pet it ion No.3577 of 2024 is being t reat ed as a leading case. 1 4 . Mr. Bhupesh Kandpal, Advocat e appearing for t he pet it ioner in WPMS No.3577 of 2024 has cont ended t hat t he pet it ioner is willing t o cont est t he elect ion from Kashipur as Chairm an, Nagar Nigam Kashipur. He belongs t o t he OBC cat egory. His obj ect ion has not been decided. He has relied upon a j udgm ent dat ed 15 23.07.2024, passed by t he Hon’ble Suprem e Court in Civil Appeal No.7930 of 2024, “ K i sh o r ch a n d r a Ch h a n g a n l a l Ra t h o d Vs. Un i o n o f I n d i a a n d Ot h e r s” . 1 5 . Mr. Siddhart ha Sah, Advocat e, appearing for t he pet it ioner in WPMS No.3593 of 2024, has cont ended t hat t he pet it ioner is a m em ber of General cat egory. He want s t o cont est t he elect ion for t he post of Chairm an, Nagar Panchayat Selaqui. But t he not ificat ion dat ed 23.12.2024 has been issued by which t he said post has been reserved for Ot her Backward Classes. Mr. Siddhart ha Sah, Advocat e, has furt her argued t hat t he said act ion of t he respondent s is against Rule 6 of t he Ut t arakhand Nagar Palika/ Nagar Panchayat ( Reservat ion and allot m ent for t he place and post s) Rules, 2024. He relied upon t he decision of t he Hon’ble Suprem e Court in D r a v i d a M u n n e t r a K a zh a g a m ( DM K ) v s. Se cr e t a r y , Go v e r n o r ’ s Se cr e t a r i a t a n d Ot h e r s, ( 2 0 2 0 ) 6 SCC 5 4 8 . 1 6 . Mr. D.S. Meht a, Advocat e, appearing for t he pet it ioner in WPMS No.3660 of 2024 has argued t hat t he pet it ioner belongs t o OBC cat egory. The respondent s had not accept ed her nom inat ion form as OBC candidat e for t he post of Chairm an, Nagar Palika 16 Parishad, Dineshpur. 1 7 . Ms. Ket ki Chaudhary, Advocat e, appearing for t he pet it ioner in WPMS No.3703 of 2024, has argued t hat t he pet it ioner is willing t o cont est t he post of Chairm an, Nagar Panchayat , Selaqui. Pet it ioner is a m em ber of t he general cat egory. The said post has been reserved illegally for OBC. She has relied upon a j udgm ent of t he Hon’ble Hon’ble Suprem e Court , in “ Th e St a t e o f Go a a n d A n o t h e r Vs. Fo u zi y a I m t i a z Sh a i k h a n d A n o t h e r , A I R On Li n e 2 0 2 1 SC 1 6 6 ” , but , in t he fact s of t his writ pet it ion, it has not been m ade clear as t o how t he decision rendered in t he said case can help t he pet it ioner. 1 8 . Mr. Devadut t Kam at , learned Senior Advocat e, appearing for t he pet it ioner in WPMS No.28 of 2025, WPMS No.29 of 2025 and WPMS No.30 of 2025, has cont ended t hat t he pet it ioners are willing t o cont est t he post of Chairm an of Municipal Body of Nagar Palika Parishad, Manglaur, but , t he respondent no.1 has rej ect ed t he nom inat ion form s of t he pet it ioners on t he ground t hat t he pet it ioners are encroacher of nazul propert y. But as per t he Nagar Palika it self, t he pet it ioners are not t he encroachers. Mr. Devadut t Kam ant , learned Senior Advocat e, has relied 17 upon a j udgm ent of t he Hon’ble Suprem e Court , passed in “ El e ct i o n Co m m i ssi o n o f I n d i a Vs. A sh o k Ku m a r a n d Ot h e r s, ( 2 0 0 0 ) 8 SCC 2 1 6 ” . 1 9 . Mr. Arvind Vashist ha, learned Senior Advocat e, appearing for t he pet it ioner in WPMS No.41 of 2025 has cont ended t hat t he pet it ioner belongs t o OBC cat egory. She want s t o cont est t he elect ion of Chairm an, Nagar Palika Parishad, Herbert pur. The said post is reserved for OBC ( wom en) . The nom inat ion paper of t he pet it ioner has been rej ect ed on t he ground t hat she has obt ained cast e cert ificat es from t he St at e of Chhat t isgarh as well as t he St at e of Ut t arakhand and t he said cast e cert ificat es have been found suspicious. 2 0 . Mr. D.S. Pat ni, learned Senior Advocat e appearing for t he pet it ioner in WPMS No.42 of 2025 has cont ended t hat t he pet it ioner had correct ly filed his nom inat ion form but his nom inat ion form has been rej ect ed illegally. His nom inat ion form has been rej ect ed by m isint erpret ing t he provision of Sect ion 154 ( 3) of t he Ut t ar Pradesh Zam indari Abolit ion and Land Reform s Act , 1950 ( as am ended by t he St at e of Ut t arakhand w.e.f. 15.01.2004) . 2 1 . Mr. Sobhit Saharia, Advocat e, appearing for 18 t he pet it ioner in WPMS No.43 of 2025 has cont ended t hat t he pet it ioner want s t o cont est t he elect ion for t he post of Chairm an, Nagar Palika Parishad, Gangolihat , but , t he im pugned order has been passed by t he respondent no.2 on t he ground t hat t he pet it ioner has t hree children and hence he is not eligible for t he post of Chairm an under Sect ion 43 AA of t he Ut t ar Pradesh Nagar Palika Act , 1916. 2 2 . Mr. V.K. Kaparuwan, Advocat e, appearing for t he pet it ioner in WPMS No.55 of 2025, has cont ended t hat t he pet it ioner want s t o cont est t he elect ion of Chairm an of Nagar Panchayat , Nanakm at t a, Dist rict Udham Singh Nagar, but , his nom inat ion form has been rej ect ed illegally by t he respondent no.3. 2 3 . Mr. Abhij ay Negi, Advocat e, appearing for t he pet it ioner in WPMS No.66 of 2025, has cont ended t hat t he pet it ioner want s t o cont est t he elect ion for t he post of Chairperson of t he Nagar Panchayat , Nandanagar, but , t he said post has been reserved for wom en against t he Rule 6( c) of t he Ut t arakhand Nagar Palika/ Nagar Panchayat ( Reservat ion and allot m ent for t he place and post s) Rules, 2024. Mr. Abhij ay Negi, Advocat e, has relied upon a j udgm ent of t he Hon’ble Hon’ble Suprem e Court , passed in “ Un i o n Te r r i t o r y o f La d a k h a n d 19 Ot h e r s Vs. Ja m m u a n d K a sh m i r N a t i o n a l Co n f e r e n ce a n d A n o t h e r , 2 0 2 3 SCC On Li n e SC 1 1 4 0 ” . 2 4 . Mr. C.S. Rawat , learned Chief St anding Counsel, on t he ot her hand, has cont ended t hat t he schedule of t he t enure of urban local bodies in t he St at e excluding Roorkee, Bazpur, Badrinat h, Kedarnat h, Selaqui and Gangot ri was supposed t o end on

02.12.2023. However, elect ions were delayed due t o delay in delim it at ion of t he const it uencies and t he publicat ions of rolls. Now, t he St at e Elect ion Com m ission announced t hat elect ions will be held in all urban bodies barring Kichha and Narendra Nagar. He has furt her argued t hat t here can be no int erference in t he elect ions aft er t he announcem ent of t he St at e Elect ion Com m ission. 2 5 . The St at e Elect ion Com m ission announced t he elect ion schedule on 23.12.2024. The Elect ion schedule is as follows: - ( i) Nom inat ion Dat e –

27.12.2024 t o

30.12.2024. ( ii) Scrut iny of t he nom inat ion papers –

31.12.2024 t o 01.01.2025. ( iii) Dat e for Wit hdrawal of nom inat ion – 20

02.01.2025. ( iv) Allot m ent of Sym bols – 03.01.2025. ( v) Dat e of Vot ing - 23.01.2025. ( vi) Dat e of Count ing of Vot es – 25.01.2025. 2 6 . Mr. Siddhart ha Singh, learned counsel for respondent no.5 in WPMS No.42 of 2025, Mr. S.K. Mandal, learned counsel for caveat or/ com plainant in WPMS No.55 of 2025, Mr. Akshay Pradhan, learned counsel for respondent no.3 in WPMS No.28 of 2025, WPMS No.29 of 2025 and WPMS No.30 of 2025 and Mr. Devesh Bishnoi, learned counsel for respondent no.2 in WPMS No.28 of 2025, WPMS No.29 of 2025 and WPMS No.30 of 2025 have argued t hat t he prayers m ade by writ pet it ioners have t he effect of direct ly or indirect ly int erfering wit h t he elect ion in som e way or t he ot her. 2 7 . Art icle 243 ZG of t he Const it ut ion of I ndia over- rides any ot her provisions of t he const it ut ion, as is t he opening words, “ Not wit hst anding anyt hing in t his Const it ut ion”. Art icle 243 ZG reads as follows: - “ 2 4 3 ZG. Ba r t o i n t e r f e r e n ce b y co u r t s i n e l e ct o r a l m a t t e r s.- Not wit hst anding anyt hing t his Const it ut ion,— 21 ( a) t he validit y of any t he t o relat ing delim it at ion of const it uencies or t he allot m ent of seat s t o such const it uencies, m ade or purport ing t o be m ade under art icle 243ZA shall not be called in quest ion in any court ; ( b) no elect ion t o any Municipality shall be called in quest ion except by an elect ion pet it ion present ed t o such aut horit y and in such m anner as is provided for by or under any law m ade by t he Legislat ure of a St at e.” 2 8 . Clause ( b) of Art icle 243 ZG im poses a bar upon a Court against int erfering in elect oral m at t ers except in an elect ion pet it ion present ed t o such aut horit y and in such m anner as m ay be prescribed by or under law m ade by t he St at e Legislat ure. Therefore, in view of t he said provision, writ j urisdict ion under Art icle 226 of t he Const it ut ion of I ndia cannot ordinarily be invoked because of t he bar im posed by Clause ( b) of Art icle 243 ZG and when elect ions are im m inent or well underway. 2 9 . I n “ A n u g r a h N a r a i n Si n g h & A n o t h e r Vs. St a t e Of Ut t a r Pr a d e sh & Ot h e r s, 1 9 9 6 A I R On Li n e SC 1 1 7 8 ” t he Hon’ble Suprem e Court held t hat no elect ion t o a Municipalit y can be quest ioned except by an elect ion pet it ion. Moreover, it is well set t led by now t hat if t he elect ion is im m inent or well underway, t he 22 Court should not int ervene t o st op t he elect ion process. I f t his is allowed t o be done, no elect ion will ever t ake place because som eone or t he ot her will always find som e excuse t o m ove t he Court and st all t he elect ions. 3 0 . I n t he case of “ Sh r i Sa n t Sa d g u r u Ja n a r d a n Sw a m i ( M o i n g i r i M a h a r a j ) Vs. St a t e o f M a h a r a sh t r a a n d Ot h e r s, ( 2 0 0 1 ) 8 SCC 5 0 9 ” , t he Hon’ble Suprem e Court held t hat it is well set t led t hat t he High Court should not st ay t he cont inuat ion of t he elect ion process even t hough t here m ay be som e alleged illegalit y or breach of rules while preparing t he elect oral roll. 3 1 . I n “ D r a v i d a M u n n e t r a K a zh a g a m ( D M K) ( Su p r a ) and Ki sh o r ch a n d r a Ch h a n g a n l a l Ra t h o d ( Supra) , t he fact ual disput es were regarding delim it at ion. I n D r a v i d a M u n n e t r a K a zh a g a m ( D M K) ( Supra) , t he Hon’ble Suprem e Court held t hat t he const it ut ional obj ect of Part I X cannot be effect ively achieved unless t he delim it at ion exercise const it ut ion of local bodies at all levels is properly undert aken. I n t he said case, t here were only 31 revenue dist rict s, but despit e a subsequent increase in num ber of dist rict s t o 39, no fresh delim it at ion exercise was undert aken. The cont roversy involved in Un i o n 23 Te r r i t o r y o f La d a k h a n d Ot h e r s ( Supra) was t he non- allocat ion of t he Plough sym bol. This is not t he case here, and, t herefore, t he said decisions are of no t o t he case of t he pet it ioners, t he sam e dist inguishable. 3 2 . I n t he m at t er of WPMS No.28, 29 and 30 of 2025, t he respondent no.1 had passed t he im pugned order aft er hearing t he part ies including t he present pet it ioners. I n t he light of t he fact s of t hese pet it ions, it has not been explained by t he pet it ioners how t he decision rendered in t he El e ct i o n Co m m i ssi o n o f I n d i a Vs. A sh o k K u m a r a n d Ot h e r s ( Supra) can help t hem . 3 3 . Mr. C.S. Rawat , learned Chief St anding Counsel, has cont ended t hat t he St at e Governm ent had provided t o file obj ect ions and be heard and m ore t han t housand obj ect ions were decided. The present writ pet it ions have been filed only wit h t he int ent ion of int erfering in t he elect ions and st alling t he elect ions. 3 4 . I n view of t he j udgm ent s of t he Hon’ble Suprem e Court discussed hereinabove, it is evident t hat once t he elect ion process com m ences and not ified, t hen t he Court should not int erfere wit h such elect ion under Art icle 226 of t he Const it ut ion of I ndia. 24 3 5 . The St at e Governm ent had offered t o hear t he grievances and provided opport unit ies t o obj ect ions. More t han t housand obj ect ions had been decided. No m at erial is available on record regarding any m ala fide int ent ion of t he respondent s. Therefore, no m erit is found in t he present writ pet it ions. The writ pet it ions are liable t o be dism issed. 3 6 . I n t he result , t he writ pet it ions are dism issed. 3 7 . There shall be no order as t o cost s. 3 8 . Let a copy of t his j udgm ent be placed in t he connect ed writ pet it ions. 3 9 . Mr. Shobhit Saharia, learned counsel appearing for t he pet it ioner in WPMS No.43 of 2025 has request ed t o grant libert y t o t he pet it ioner t o file a writ pet it ion t o assail t he validit y of Sect ion 13D read wit h Sect ion 43 AA t he Ut t ar Pradesh Municipalit ies Act , 1916 being repugnant t o Sect ion 12 of t he Hindu Adopt ions and Maint enance Act , 1956 m ore part icularly Sect ion 12. The said request has not been opposed by t he respondent s. I n t he int erest of j ust ice, libert y is grant ed as prayed by Mr. Shobhit Saharia, Advocat e, but in accordance wit h law. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 07.01.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a80 38ee7326b08b2d0e018b01be753f014836 d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96770684 52F32DE6BA960BFE64D819EE44CA9CCE4 87B2FE0F92, cn=NEHA BISHT 25 26