In a significant clarification, the Uttarakhand High Court has made it clear that there is no stay on the ongoing panchayat election process in the state. The bench comprising Chief Justice G.R. Narenda and Justice Alok Mehra stated orally during a hearing that the court has only stayed the Election Commission’s July 6 circular, not the election procedure itself.
The clarification came during the hearing of a petition filed by the State Election Commission, which had submitted a plea on Sunday requesting the court to lift the stay, arguing that it was hindering the election process. The Commission stated that it had already spent significant resources, and the confusion over the court’s earlier decision had disrupted proceedings.
However, the court refused to alter its July 11 order, reiterating that its stay only applies to the circular that allowed candidates listed in both urban and rural electoral rolls to contest in the three-tier panchayat elections. The State Election Commission is expected to proceed with the process in accordance with the Panchayati Raj Act.
This legal conflict stems from a petition filed by Satendra Singh Barthwal of Rudraprayag, who cited Section 9(6) of the Panchayati Raj Act, which clearly bars any individual whose name appears in more than one voter list from contesting the elections. The petition challenged the Commission’s circular that permitted such nominations, resulting in varied decisions by returning officers across districts — some accepting and others rejecting such nominations.
Advocate Abhijay Negi, representing the petitioner, stated that the court has not made any amendments to its previous order. The official written order from the court is still awaited to provide full clarity.
