By ARUN PRATAP SINGH
Garhwal Post Bureau
Nainital, 24 Jun: The Uttarakhand High Court today refused to lift its interim stay on the three-tier panchayat elections, while listing the matter for further hearing for tomorrow afternoon. The state government had moved an urgent plea before the division bench of Chief Justice G Narendar and Justice Alok Mehra, seeking vacation of the stay, citing the publication of relevant rules in the official gazette on 14 June.
During the mention of the matter, the government’s counsel informed the Court that the rules concerning panchayat reservations had been notified on 9 June and formally published in the gazette on 14 June. He further submitted that the failure to present the gazette notification earlier was due to a ‘communication gap’.
The bench, however, questioned the apparent haste on part of the government, especially since the elections had not been conducted for over a year despite repeated directions from the Court. The High Court maintained its interim stay for the time being and directed that all petitions concerning the issue be clubbed together for a consolidated hearing scheduled for 2 p.m. tomorrow.
The controversy arose after the High Court, yesterday, stayed the election process following multiple petitions challenging the revised reservation roster. The petitioners had alleged that the government had violated constitutional and procedural norms while nullifying the earlier reservation roster and issuing a new one just ahead of the elections. The new roster was to be implemented for the first time in the upcoming polls.
It may be recalled that the State Election Commission had announced the schedule for panchayat elections in 12 districts on 21 June, with nominations to commence from 25 June. However, the stay order has now thrown the electoral process into uncertainty, leaving potential candidates in a state of confusion. There is now a big question mark over whether the nominations can begin from tomorrow under the given circumstances.
However, on this entire matter, State Election Commissioner Sushil Kumar stated that he is constantly in touch with the Nainital High Court, engaging with his lawyers and seeking legal advice on the directions being issued by the Court. He explained that the Court scheduling the hearing for the government’s appeal at 2 p.m. on June 25 clearly indicates that the nomination process, which was supposed to begin tomorrow (25 June) will not be able to proceed. Nevertheless, he will issue an official notification after obtaining further legal advice on the matter.
Among the petitions listed, one was filed by Deepika Kirola and others, while another by Ganesh Kandpal of Bageshwar had specifically contested the legality of the new rules. According to the petitioners, the newly issued rules conflict with an earlier judicial directive and do not adhere to the stipulations of Section 126 of the Uttarakhand Panchayati Raj Act, 2016, which mandates that rules must take effect only upon publication in the official gazette.
It may further be recalled that a single member bench of the High Court had earlier heard over 15 similar petitions, all of which have now been referred to the division bench for simultaneous consideration. The matter has also highlighted concerns over administrative coordination, with questions being raised as to how the gazette notification, dated 14 June, was not made known to relevant departments in time.
The outcome of tomorrow’s hearing will be crucial in determining whether the panchayat elections can proceed as scheduled or remain indefinitely on hold.
