Supreme Court Dismisses Uttarakhand State Election Commission Plea Supporting Candidates With Dual Entries In Voter List; Imposes Rs.2 Lakhs Cost

The Supreme Court today dismissed the Uttarakhand State Election Commission's challenge to a High Court order which stayed its clarificatory circular allowing candidates with names in multiple electoral rolls to contest panchayat elections. 

A bench of Justices Vikram Nath and Sandeep Mehta passed the order and imposed a cost of Rs.2 lakhs on the SEC. "How can you decide contrary to the statutory provision?", posed Justice Nath to SEC's counsel.

To recap, the High Court passed the impugned order in a petition filed by respondent No.1 highlighting several instances where persons with names in multiple voter lists were being allowed to contest the elections. 

The clarification issued by the SEC stated thus:

“the nomination paper of a candidate will not be rejected only on the ground that his name is included in the electoral roll of more than one Gram Panchayat/Territorial Constituencies/Municipal Body”.

Perusing the material, the High Court was of the prima facie view that the SEC's clarification was violative of Uttarakhand Panchayati Raj Act, 2016. It held that the SEC clarification prima facie appeared to be in the teeth of Section 9(6) and (7) of the Act.

"When the Statute expressly prohibits the registration of a voter in more than one territorial constituency or more than one electoral roll and the same being a statutory bar, the clarification now given by the State Election Commission appears to be in the teeth of the bar under Sub-Section (6) and Sub-Section (7) of Section 9", the High Court said.

As such, the clarification was stayed with a direction that it shall not be acted upon. Aggrieved, the SEC filed the present petition.

Appearance: Advocates Abhijay Negi, Snigdha Tiwari and AoR Sujoy Chatterjee (for respondent No.1 on caveat)

Case Title: STATE ELECTION COMMISSION Versus SHAKTI SINGH BHARTHWAL AND ANR., Diary No. 41232-2025