By ARUN PRATAP SINGH
Garhwal Post Bureau
Nainital, 25 Jun: The fate of Uttarakhand’s three-tier panchayat elections remains uncertain as the High Court continues to scrutinise the state government’s approach to reservation norms. In a crucial hearing held today, the division bench headed by Chief Justice G Narendar observed that while it was not inclined to delay the polls, the government needs to first rectify the legal inconsistencies tied to the reservation roster.
The hearing, which began post lunch at 2 p.m. and continued till 4 p.m., saw extensive arguments from the Advocate General and the petitioners’ counsel. The Court expressed concern over repeated amendments to panchayat reservation rules every five years, terming the pattern questionable and arbitrary. It sought clear explanations and directed the government to present all necessary documents, including the reservation map, by Thursday morning.
It may be recalled that the Court was hearing the petitions, including one filed by Ganesh Kandpal of Bageshwar, which have challenged the legality of rules framed on 9 June and the new reservation rotation order dated 11 June. The petitioners have alleged that these violated earlier High Court rulings and did not comply with Section 126 of the Panchayati Raj Act, 2016, which mandates proper rule-making and publication in the official gazette. Though the government claimed the gazette was issued on 14 June, the Court expressed surprise at the apparent lack of awareness within key government offices.
The bench also noted that the errors found in just one district exposed broader lapses across the state. It noted that a single fault may invalidate the entire election process, contradicting the Advocate General’s plea to lift the stay on elections on the ground that minor issues in isolated areas should not stall state-wide elections.
The Advocate General urged the bench to consider the financial and administrative implications of the delay, including the disruption of government machinery. However, the bench held that due process cannot be sacrificed for convenience and asked for all relevant facts to be placed on record before any relief could be granted.
Meanwhile, over 15 similar petitions pending before a single bench have now been clubbed for a composite hearing by the division bench, further complicating the legal tangle. Legal experts indicate that unless the rules are notified in strict conformity with statutory provisions, mere executive orders such as Government Order No 822, will lack enforceability.
According to the legal experts, in effect, the Court has given the government one final opportunity to defend its stand. The officials are now racing against time to equip the legal team with all requisite documentation overnight. A favourable response from the bench could offer much-needed reprieve to the BJP-led government, which faces increasing political and administrative pressure to hold the rural elections as scheduled.
With the Court slated to resume the hearing tomorrow, the stay on the panchayat election process remains in force, and the political temperature across the hill state continues to rise.
