Uttarakhand High Court Stays Panchayat Polls In State Over Rotation Reservation Rules Row

The order was passed by a bench of Chief Justice G Narendar and Justice Alok Mehra while hearing a bunch of petitions challenging the state government's recent move to nullify the existing reservation rotation system and implement a fresh system with immediate effect.

The three-tier elections were scheduled to take place in two phases on July 10 and 15 across 12 districts of the state, excluding Haridwar. While the nomination process was scheduled to begin today (June 25), the counting was to take place on July 9.

One of the petitioners, Ganesh Kandpal, represented by Advocate Shobhit Saharia, argued before the HC that the new system violates earlier court directions as well as Section 126 of the Uttarakhand Panchayati Raj Act, 2016.

It was his contention before the bench that under the existing policy, a constituency reserved for a particular category remains so for three consecutive terms before being rotated.

However, his plea adds, with the previous system now gone and a new one sought to be implemented from the current polls, some seats that had already been reserved for three terms are once again being reserved. This, it was argued, was against the 'spirit of rotation' as it denied individuals like him the opportunity to contest the polls.

Following the HC's Monday order, the State Election Commission on Tuesday postponed all election-related proceedings, including the nomination process.

Meanwhile, on Tuesday, the state government mentioned the matter wherein it was apprised to the bench that the new reservation rules had, in fact, been notified in the gazette on June 14, however, due to a 'communication gap', the gazette notification could not be presented before the Court during the previous hearing.

A copy of the notification was submitted before the bench by Advocate General SN Babulkar, following which, the bench has now listed the matter for further hearing today.