The Uttarakhand High Court has stayed a clarification issued by the State Election Commission which stated that a candidate’s nomination paper will not be rejected only on the ground that his name appears in the electoral roll of more than one gram panchayat, territorial constituency or municipal body [Shakti Singh Barthwal v.State Election Commission].
A Division Bench of Chief Justice G Narendar and Justice Alok Mahra observed that the clarification runs contrary to the express provisions of Section 9(6) and 9(7) of the Uttarakhand Panchayati Raj Act, 2016, which prohibit a voter from being registered in more than one territorial constituency or on more than one electoral roll.
"The clarification, as noted supra, prima facie, appears to be in the teeth of the statutory provisions noted above. 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. 6. In that view, the clarification, prima facie, appears to be contrary to the mandate of Sub-Section (6) and Sub Section (7) of Section 9, requires to be stayed and is stayed and shall not be acted upon," the Court said.
The order was passed in the case filed by one Shakti Singh, who alleged that the State Election Commission had failed in its duty to properly scrutinize and verify nomination papers.
According to the petitioner, this dereliction of duty had led to instances where individuals appeared on multiple electoral rolls.
He further submitted that despite the irregularity, several candidates had been allowed to contest the election, thereby undermining the integrity of the electoral process.
It was submitted that after several complaints were lodged in this regard, the Election Commission had issued the clarification in question.
Aggrieved by the same, Singh approached the High Court seeking a stay on the clarification issued by the State Election Commission earlier this month. He also sought an inquiry into instances where candidates' names appear in multiple electoral rolls of nagar panchayats and gram panchayats, and direction to cancel the candidature of such individuals.
The Court will hear the matter next on August 11.
Advocates Abhijay Negi and Snigdha Tiwari appeared for the petitioner. Standing Counsel Sanjay Bhatt appeared for the State Election Commission.
[Read Order]