Neeru Chauhan v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON'BLE JUSTICE MR. ALOK MAHRA Writ Petition (M/B) No. 665 of 2025 13th August, 2025

Neeru Chauhan

-Petitioner

Versus

State of Uttarakhand and others

-Respondents ----------------------------------------------------------------------

Presence:- Mr. Abhijay Negi, learned counsel alongwith Ms. Snigdha Tiwari and Mr. Ayush Pokhriyal, learned counsel for the petitioner. Mr. Gajendra Tripathi, learned Standing Counsel for the State. Mr. Sanjay Bhatt, learned counsel for the State Election Commission.

JUDGMENT : ( per Mr . G. Nar endar , C. J.)

Heard learned counsel for the petitioner and learned Standing Counsel for the State Election Commission.

2.

The counsels fairly submit that petitioner has filed an Election Petition and that the same is pending consideration before the Election Tribunal and the date of appearance is fixed as 02.09.2025. That, the petitioner apprehends by the time Election Petition is heard and concluded, the period for which the candidate was elected would get over and would virtually render the Election Petition infructuous.

¶3We do not subscribe to this view. In the event, the election is set-aside even after the period is over, the Election Tribunal is not barred from hearing the petition and passing appropriate orders.

¶4In the event, the Tribunal holds against the elected candidate, the same would act as a further bar on the candidate and he would stand disqualified to contest the election in future.

¶5Be that as it may be, a reading of Section 86 of the Representation of The People Act would reflect the mind of the Parliament, which has deemed it appropriate to legislate that the trial of an election should be continued on a day-to-day basis once the formalities of service of notice and filing of pleadings is complete.

¶6In that view and in view of the apprehension expressed by the learned counsel for the petitioner and in view of the submission of the Standing Counsel for State Election Commission, who would submit that the Election Tribunal may be directed to dispose of the Election Petitions in a expeditious manner, we deem it appropriate to dispose of the petitions with liberty to pursue the pending Election Petition, registered as Election Petition No. 01 of 2025, pending in the Court of

District Judge, Tehri Garhwal.

¶7The facts remains that the interim order granted by this Court has not been questioned by the authorities. The writ petition is disposed of without making any observation on the merits and demerits of the claims of the petitioner.

¶8In that view, the Election Tribunal shall take up the Election Petition for consideration and disposal in an expeditious manner and shall attempt to dispose of the same as expeditiously as possible and, while so, hearing and disposing of the Election Petitions, the Election Tribunal shall adhere to the provisions of Section 86 of the Representation of The People Act, in letter and spirit.

¶9Petition stands ordered accordingly.

_ _ _ _ _ _ _ _ G. NARENDAR, C.J.

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ALOK MAHRA, J.

Dt: 13th August, 2025 UJJWAL