Uttarakhand High Court Stays EC Move Allowing Candidates on Multiple Voter Rolls: NAINITAL, UTTARAKHAND – In a significant intervention impacting the integrity of local elections, the Uttarakhand High Court has temporarily stayed a controversial clarification issued by the State Election Commission (SEC). The SEC’s directive, which permitted candidates whose names appear on multiple electoral rolls to contest polls, has been deemed “prima facie” contrary to the provisions of the Uttarakhand Panchayati Raj Act.
A Division Bench comprising Chief Justice G. Narendar and Justice Alok Mahra issued the stay in the case of Shakti Singh Barthwal v. State Election Commission. The Court observed that the SEC’s clarification directly contravenes Sections 9(6) and 9(7) of the Uttarakhand Panchayati Raj Act, 2016. These statutory provisions explicitly prohibit a voter from being registered in more than one territorial constituency or on more than one electoral roll, establishing a clear legal bar that the SEC’s recent directive appeared to undermine.
“The clarification, as noted supra, prima facie, appears to be in the teeth of the statutory provisions noted above,” the Court stated in its order. “When the Statute expressly prohibits the registration of a voter in more than one territorial constituency or more than one electoral roll and the same being a statutory bar, the clarification now given by the State Election Commission appears to be in the teeth of the bar under Sub-Section (6) and Sub-Section (7) of Section 9.” Consequently, the High Court ruled that the clarification “requires to be stayed and is stayed and shall not be acted upon.”
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Chief Justice G Narendar and Justice Alok Mahra, Uttarakhand HC.
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The legal challenge was brought forth by petitioner Shakti Singh Barthwal, who alleged a significant dereliction of duty by the State Election Commission in properly scrutinizing and verifying nomination papers. Barthwal contended that this oversight had led to numerous instances where individuals were found to be listed on multiple electoral rolls, a practice he argued severely compromised the fairness and integrity of the electoral process.
According to the petitioner, despite these glaring irregularities, several such candidates had been permitted to contest the ongoing elections. It was further submitted that the State Election Commission had only issued the now-stayed clarification after receiving multiple complaints regarding these dual entries. Aggrieved by the SEC’s stance, Singh approached the High Court, seeking not only a stay on the clarification but also a comprehensive inquiry into all reported instances of candidates appearing on multiple electoral rolls of nagar panchayats and gram panchayats, along with a directive to cancel the candidature of such individuals.
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The Uttarakhand High Court is scheduled to hear the matter next on August 11, when further arguments are expected to be presented. Advocates Abhijay Negi and Snigdha Tiwari represented the petitioner, Shakti Singh Barthwal, while Standing Counsel Sanjay Bhatt appeared on behalf of the State Election Commission. The High Court’s decision marks a critical moment for electoral transparency and adherence to statutory provisions in Uttarakhand’s local governance.
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