Supreme Court slaps ₹2 lakh costs on Uttarakhand Election Commission for justifying names in multiple electoral rolls

The Supreme Court on Friday dismissed imposed costs of ₹2 lakh on the Uttarakhand State Election Commission (SEC) for issuing a clarification stating 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.

While dismissing the SEC's appeal against a stay on the clarification issued by the Uttarakhand High Court in July, a Bench of Justice Vikram Nath and Justice Sandeep Mehta questioned how the poll body could go against the statutory provisions.

A High Court Division Bench of Chief Justice G Narendar and Justice Alok Mahra in July this year had observed that the clarification issued by the CEC 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 High Court order was passed in the case filed by one Shakti Singh, who alleged that the SEC had failed in its duty to properly scrutinise 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 SEC had issued the clarification in question.

After the High Court stayed the SEC decision, the poll body moved the top court. The plea was dismissed today.