The Uttarakhand High Court stayed a clarification issued by the State Election Commission that allowed individuals whose names appear on more than one electoral roll to contest local body elections. The Division Bench of Chief Justice G. Narendar and Justice Alok Mahra passed the order observing that the clarification appeared to be in violation of express statutory provisions.
The case arose from a petition filed by Shakti Singh Barthwal, represented by advocates Mr. Abhijay Negi and Ms. Snigdha Tiwari, challenging the legality of the clarification. The petitioner argued that there were numerous instances of candidates being permitted to contest elections despite being registered in multiple voter lists, which directly undermines the integrity of the electoral process. The Election Commission, in response to complaints, had issued a clarification stating that a nomination shall not be rejected solely on the ground that the candidate’s name appears in more than one Gram Panchayat or territorial constituency.
The Court noted that this clarification was prima facie in the teeth of Section 9(6) and Section 9(7) of the Uttarakhand Panchayati Raj Act, 2016. These provisions clearly prohibit a person from being registered in more than one territorial constituency or from being registered in a Panchayat electoral roll while simultaneously appearing in a municipal or cantonment roll, unless the latter has been struck off.
The Bench held that when the statute imposes a clear bar, an administrative clarification cannot override it. It observed that the clarification issued by the Election Commission undermines the legislative intent and must therefore be stayed. Accordingly, the Court ordered that the clarification shall not be acted upon until further orders.
The matter has been listed for the next hearing on 11 August 2025, and the stay on the clarification will remain in effect till then.