Supreme Court Stays Uttarakhand HC Order Asking If ADM Who Can't Speak English Was Fit To Be Electoral Officer

The Supreme Court on Monday (July 28) stayed the direction of the Uttarakhand High Court, which ordered an inquiry as to whether an Additional District Magistrate who is able to understand English but not speak it would be suitable for holding the office of Election Registration Officer (ERO). 

The bench of CJI BR Gavai and Justices K Vinod Chandran was hearing the challenge to the Uttarakhand High Court order, which directed the State Election Commissioner to inquire whether the ADM would be fit to hold the position as ERO. 

The High Court's direction is based on the fact that the ADM could only understand English but was unable to speak the language. The High Court directed : 

" The State Election Commissioner and the Chief Secretary shall examine as to whether an officer of the cadre of Additional District Magistrate, who claims to have no knowledge of English or in his own words inability to convey in English, would be in a position to effectively control an Executive post?"

The present bench, while issuing notice, the Court passed the following stay direction. The relevant part reads :

"Until further order(s), there shall be stay of the impugned judgment and order dated 18.07.2025 passed by the High Court of Uttarakhand."

The High Court was also considering the issue of whether the Family Register is a document that can be relied upon by the Electoral Registration Officer to finalise the electoral roll of each constituency. 

It was observed that the Family Register is not mentioned in the Uttar Pradesh (Registration of Electors) Rules, 1994, which were introduced after the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. 

Considering the above, the High Court also directed that the State Election Commissioner and the Chief Secretary, Government of Uttarakhand, file their affidavits on this aspect. 

Jatinder Kumar Sethi, Deputy Advocate General of Uttarakhand, appeared.

Case Details : CHIEF ELECTION COMMISSIONER vs. AKASH BORA| SLP(C) No. 020376 - / 2025

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