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

: Mr. B.S. Parihar, lear ned Addit ional Chief St anding Counsel and Mr. Gaj endra Tripat hi, learned St anding Counsel. JUD GM EN T : ( p e r Sr i G. N a r e n d a r , C.J.) Heard t he learned counsel for t he pet it ioner.

2. The pet it ioner has prayed for t he following reliefs: issued by Respondent No. 2 “ ( a) issue a writ , order, or direct ion in t he nat ure of m andam us or any ot her appropriat e writ , declaring t hat t he Not ificat ion No. UA 1303 / Ra.E.Ni.Aa.Anu.- 2 / 4324 / 2025 dat ed 28.06.2025 ( Annexure No. 1 ( Colly.) ) , ( St at e Elect ion Com m ission, Ut t arakhand) , whereby Panchyayat elect ions were scheduled in 12 dist rict s while arbit rary excluding Dist rict Haridwar alone on account of t he Kanwar Yat ra, as unconst it ut ional, violat ive of Art icles 14, 21, 243- K, and 326 of t he Const it ut ion of I ndia, 1950 and hence liable t o be st ruck down or suit ably m odified. ( b) direct t he Respondent s t o post pone or defer t he Panchayat elect ions i8n t he affect ed dist rict s of Ut t arakhand, as per ( Annexure No. 1 ( Colly.) ) , and t o reschedule t he sam e aft er t he conclusion of t he Kanwar Yat ra ( i.e., post 03.08.2025) , in a m anner t hat ensures free, t he schedule not ified 1 fair, and m eaningful part icipat ion of all eligible vot ers; ( c) t o issue any ot her writ , order or direct ion or grant any ot her consequent ial relief, as deem ed expedient in law and for t he welfare of larger Public I nt erest .”

3. I n essence, t he pet it ioner seeks post ponem ent of t he elect ions t hat are under way t o a dat e aft er com plet ion of t he Kanwar Yat ra, and also t hey have quest ioned non- conduct of elect ions t o Dist rict Haridwar.

4. The second issue wit h regard t o non- conduct of elect ions need not det ain t his Court as t he Panchayat elect ions for dist rict of Haridwsar were conduct ed lat e and t he t erm of t he elect ed Mem bers is yet t o be com plet ed.

5. I n t hat view, t he first prayer deserves t o be rej ect ed and is, accordingly rej ect ed.

6. I n so far as t he second prayer, as t he pet it ioner has expressed a serious apprehension of law and order issue in view of t he Kanwar Yat ra t hat has com m enced, t his Court had request ed t he presence of t he DGP and t he Secret ary, Panchayat Raj .

7. The DGP, Crim e and Law and Order, Ut t arakhand and t he Secret ary, Panchayat i Raj were heard yest erday and on a query, t he DGP subm it t ed cert ain dat a regarding 2 deploym ent of police force, and has also issued inst ruct ions t o t he St anding Counsel, which read as under: - for st at ic guar s and ot her • “ Wit h reference t o t he abov e m ent ioned PI L, it is subm it t ed t hat pr esent ly about 22% of t he t ot al police force has been deployed in t he ongoing Kanwar Mela in Haridwar dist rict , 5% in Neelkant h Police St at ion in Kanwar Mela GRP ( Laxm an Jhula) , and 3% Haridwar—m aking a t ot al deploym ent of 30% of t he police force. Addit ionally, 10% of t he police for ce is deployed for Char Dham and disast er relief dut ies, and anot her 10% im port ant securit y dut ies. Thus, 50% of t he st at e’s available police force is present ly deployed in t hese dut ies and t he rem aining 50% is available wit h t he dist rict s. • For t he first phase of t he t hree- t ier Panchayat elect ions in t he st at e, a t ot al of 4,679 polling st at ions have been set up, including t hose m arked as sensit ive and highly sensit ive. Based on a t horough assessm ent and in accordance wit h pr evious elect ion pract ices, a t em plat e has been est ablished for police deploym ent . Approxim at ely 11,000 police per sonnel will be deploy ed, supplem ent ed by 3,100 Hom e Guards and 2,300 PRD Per sonnel. Thus, sufficient police force will be available for elect ion dut ies in t he St at e. • A det ailed force deploym ent plan for t he first phase of vot ing has been pr epar ed. The deploym ent of police force in Kanwar Mela, Char Dham , and disast er relief dut ies will not affect t he police deploym ent for elect ion dut ies. Addit ionally, in t he Neelk ant h and Rishikesh areas, t he second phase of t he t hree- t ier Panchay at elect ions is scheduled for July 28, 2025. Since t he Kanwar Mela concludes on 23 rd July, it will not im pact t he first phase of elect ions in t hat r egion. • ( St at e For disast er m anagem ent , Disast er Response Force) has been deployed at 48 locat ions wit h 60 sub- t eam s com prising approxim at ely 350 police personnel. I n addit ion, 11 NDRF t eam s have also been deploy ed in t he st at e. These t eam s will rem ain st at ioned at t heir respect ive post s for cont inuous disast er r elief dut y . • Thus, a com prehensive securit y plan for t he t hree- t he t ier Panchayat elect ions has been pr epar ed by police. t he im pact Ot her ongoing dut ies will not deploym ent for t he elect ions. Aft er t he conclusion of Mela dut ies on July 23, 2025, t he ent ire police force will ret ur n t o t heir respect ive dist rict s, ensuring adequat e deploym ent t he second phase of elect ions and count ing dut ies.” t he SDRF 3

9. The Secret ary, Panchayat i Raj has also issued writ t en inst ruct ions t o t he St anding Counsel, which read as under: - “ 1. St anding Council, High Court of Ut t rakhand Nainit al vide Let t er dat ed 03/ 07/ 2025 ( Annexure- 1) request ed t o supply inst ruct ions in PI L 127/ 2025 Dr.Baij Nat h Vs. The St at e of Ut t arakhand & ot hers. The cont ent ions of t he pet it ioner in t he present pet it ion are t hat - 1. The Not ificat ion NO. 1303 dat ed 28/ 06/ 2025 issued by St at e Elect ion Com m ission, Ut t arakhand, whereby panchayat elect ions has been scheduled in 12 dist rict s while arbit rary excluding dist rict Haridwar alone on account of t he Kanwar Yat ra as unconst it ut ional, violat ive of Art icles 14, 21, 243k and 326 of t he Const it ut ion of I ndia, 1950 and hence liable t o be st ruck down or suit ably m odified. 2. Direct t he respondent s t o post pone or defer t he Panchayat elect ion in t he affect ed dist rict s of Ut t arakhand, as per t he schedule not ified in and t o reschddule t he sam e aft er t he conclusion of t he Kanwar Yat ra, in a m anner t hat ensures free, fair and m eaningful part icipat ion of all eligible vot ers. Raj , t hat Govt . Panchayat i 2- Secret ary, Ut t arakhand vide Let t er No. 125 dat ed 04/ 07/ 2025 ( Annexure- 2) apprised t hree- t ier panchayat elect ion 2025 in dist rict Haridwar has not been excluded on account of Kanwar YUat ra, rat her panchayat general elect ion in dist rict Hariwar had been conduct ed in Sept . 2022. Panchyayat general elect ions are being conduct ed i9n t he St at e at an int erval of every 5 yers as per provisions m ent ioned in t he Ut t arakhand Panchayat i Raj Act , 2016. As such, t he t enure of panchayat in dist rict Haridwar will com e in Sept . 2027, accordingly panchayat general elect ion will be conduct ed in t he dist rict Haridwar in t he year2027. t o end 3- I n view of t he heavy rainfall and concurrence of nat ural calam it ies in different places of St at e and due t o t hree- t ier Panchayat general elect ion- 2025 being held during t he m onsoon period, Ut t arakhand 4 request ed ( Annexure- 3) St at e Elect ion Com m ission vide Let t er No. 1124, dat ed 20/ 06/ 2025 t o Secret ary, Disast er and Managem ent Depart m ent , Governm ent of Ut t arakhand, Secret ary Panchayat i Raj Depart m ent , Governm ent of Ut t arakhand and Secret ary, Medical and Healt h Depart m ent , Governm ent of Ut t arakhand t o provide addit ional ( excluding t o all Dist rict Magist rat es resources dist rict Haridwar) for t he purpose of preparat ion of t he cont ext of disast er m anagem ent plan such as disast er panchayat general elect ion m it igat ion, search and rescue, wat er proofing, securit y of elect ion m at erials or personnel involved in elect ion, m edical arrangem ent s et c. I n addit ion above, St at e Elect ion Com m ission request ed t o ensure safe, unint errupt ed and convenient road m ovem ent , arrangem ent for a helicopt er in each Division from Disast er Relief Fund and ensuring adequat e m edical facilit ies at t he developm ent block level in order t o m eet any exigency. St at e Ut t arakhand 4- Furt her, Com m ission ( Annexure- 4) , 28/ 06/ 2025 Secret ary, Governm ent of Ut t arakhand necessary regard concerned depart m ent s. Let t er No. inst ruct ions request ed t his 1310, Elect ion dat ed t he Chief t he t o t o Raj , Govt . Panchayat i Let t er No. ( Annexure- 5) 5- Secret ary, dat ed 310231 Ut t arakhand 01/ 07/ 2025 request ed Secret ary, Disast er Managem ent Depart m ent , Governm ent of Ut t arakhand and Secret ary, Medical Healt h and Fam ily Welfare Depart m ent , Governm ent Ut t arakhand t o t ake furt her act ion in relat ion t o t he request m ade by Hon’ble Ut t arakhand St at e Elect ion Com m ission in t he m at t er. Disast er Managem ent 6- Secret ary, Depart m ent , Govt . of Ut t arakhand vided Let t er No. 711, dat ed 07/ 07/ 2025 ( Annexure- 6) inform ed t hat in order t o deal wit h any nat ural calam it y in view of t he m onsoon in t he St at e necessary inst ruct ions have been issued t o all Dist rict Magist rat es and m ock drills have been conduct ed wit h depart m ent s. Furt her, all t he Dist rict Magist rat es have been direct ed t o use t he fund as per t he requirem ent in t he approved it em s from t he St at e t he 5 Disast er Relief Fund. Sufficient funds have also been allocat ed for t his purpose. St at e Em ergency Operat ion Cent re under Ut t arakhand St at e Disast er Managem ent Aut horit y ( U.S.D.M.A.) and Dist rict Em ergency Operat ion Cent re under Dist rict Disast er Managem ent Aut horit y ( D.D.M.A.) in all Dist rict s have been operat ionalised and are funct ioning on 24x7 basis and are put on alert . 7- Chief Engineer, P.W.D. Dehradun vide Let t er No. 895, dat ed 14/ 07/ 2025 ( Annexure- 7) inform ed t hat necessary arrangem ent s for J.C.B. / Poklane m achines have been m ade t o ensure unint errupt ed road m ovem ent and polling part y m ovem ent during t he panchayat general elect ion in t he St at e. 8- Again, Ut t arakhand St at e Elect ion Com m ission vide Let t er No. 1550, dat ed 06/ 07/ 2025 ( Annexure- 8) , request ed Dist rict Magist rat e / Dist rict Elect ion Officer ( Panchayat ) , Haridwar, Dehradun and Pauri Garhwal t o furnish report in view of plea m ade by I nt erest Lit igat ion No. pet it ioner 127/ 2025 Dr. Baij nat h vs. St at e and ot hers t o post pone or reschedule t he elect ion program on account of Kanwar Yat ra vide revised Not ificat ion No.- 1303, dat ed 28/ 06/ 2025 issued by St at e Elect ion Com m ission. t he Public Let t er I n t his regard, Chief Developm ent Officer / 9- ( Panchayat ) , Deput y Dist rict Elect ion Officer dat ed 618, num ber Dehradun 10/ 07/ 2025 report t he ( Annexure- 9) annexed furnished by S.D.M., Rishikesh vide Let t er no. 173 dat ed 07/ 07/ 2025 for necessary act ion. S.D.M., Rishikesh inform ed t hat Rishikesh is a m ain rout e of Kanwar Yat ra and t he Kanwar Yat ra is com m encing from 11 t h July, 2025 and ending on 23 rd July, 2025, which is occurring prior t o polling dat e i.e. on 28/ 07/ 2025 and dat e of count ing and declarat ion of result i.e. on 31/ 07/ 2025 under t ehsil Rishikesh. S.D.M., Rishikesh vide his let t er dat ed 07/ 07/ 2025 inform ed is no possibilit y of any t hat t he Panchayat obst ruct ion or elect ion process due t o Kanwar Yat ra, nor is t here any problem of law and order or any cont radict ory sit uat ion in view of Panchayat elect ions and Kanwar Yat ra going parallel. t here inconvenience Sim ilarly, Dist rict Magist rat e / Dist rict Elect ion Officer, Pauri Garhwal has inform ed vide his Let t er 6 t o com e num ber- 392, dat ed 07/ 07/ 2025 ( Annexure- 10) t hat Neelkant h Kanwar Mela- 2025 will st art t ill 23/ 07/ 2025. 10/ 07/ 2025 and will cont inue During t his period, lakhs of devot ees / Kanwaris are ‘Neelkant h Mahadev’ t o visit expect ed t em ple locat ed in Tehsil Yam keshwar area of Dist rict Pauri Garhwal. As per t he Not ificat ion No.1303, dat ed 28/ 06/ 2025 issued by Ut t arakhand Elect ion Com m ission polling dat e is fixed on 28/ 07/ 2025 in developm ent block Yam keshwar and developm ent block Dugadda sit uat ed under Tehsil Kot dwar. Accordingly it does not seem t hat any Panchayat const it uency of Pauri dist rict will be affect ed due t o Furt her, Dist rict Neelkant h Magist rat e / Dist rict Elect ion Officer, Pauri Garhwal inform ed t hat all necessary st eps have being t aken t hat Panchayat Elect ions- 2025 are t o ensure conduct ed peacefully and successfully. / Kanvar Yat ra. 10- I t is pert inent t o m ent ion t hat during m onsoon season i.e. in t he m ont h of July,2025 t he foot fall of pilgrim s visit ing Char Dham have been dropped around 10 percent as against t heir fall during Yat ra Season. Det ails of t he pilgrim s visit ing Char Dham is annexed ( Annexure No.11) . t o above, t he office of D.G.P. 11- I n addit ion inst ruct ions Dehradun have supplied necessary ( Annexure- 12) m easures safet y undert aken by Police Depart m ent for conduct ing fair and sm oot h panchayat elect ion in t he St at e.” regarding

10. On perusal of t he sam e, it is seen t hat t he St at e has t aken sufficient m easures t o ensure safe conduct of t he elect ions.

11. The det ails / fact s and figures placed before t he Court by t he Secret ary, Panchayat Raj and t he DGP inspire confidence in t he Court t hat t he St at e Machinery is geared up 7 t o m eet cont ingencies and ensure sm oot h and safe conduct of elect ions.

12. I n t hat view, t he apprehension of t he pet it ioner having been assuaged and reasonably answered by t he part iculars placed before t he Court , t he writ pet it ion st ands disposed of, as it does not warrant any furt her direct ion.

14. There shall be no order as t o cost s. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 16 t h July, 2025 Rat hour PRAVINDR A SINGH RATHOUR RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779 d9e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A4 0CC6179B8E010331BA695239171F906FD5C 45C4E8, cn=PRAVINDRA SINGH RATHOUR 8