Case Note & Summary
The Supreme Court allowed the appeal filed by Appellant against the interim order of Uttarakhand High Court Division Bench which had stayed the Single Judge's dismissal of writ petition challenging rejection of nomination in Zila Panchayat election. The Court held that Article 243-O of Constitution bars judicial interference in Panchayat election matters and Section 131H of Uttarakhand Panchayati Raj Act provides alternative remedy through election petition. The Division Bench erred in interfering with electoral process when writ petition was not maintainable at that stage. The Supreme Court set aside the High Court's interim order and restored the Single Judge's decision.
Headnote
The Supreme Court set aside the interim order dated 18th July, 2025 passed by Division Bench of High Court of Uttarakhand at Nainital in Special Appeal No. 192 of 2025 -- The High Court had stayed the judgment dated 11th July, 2025 of learned Single Judge in Writ Petition (MS) No. 2083 of 2025 -- The Single Judge had dismissed the writ petition on grounds of alternative remedy under Section 131H of Uttarakhand Panchayati Raj Act, 2016 and bar under Article 243-O of Constitution of India -- The Division Bench interfered with electoral process by directing Returning Officer to allot symbol to respondent No. 1 and permit participation in election -- Supreme Court held Division Bench transgressed jurisdictional limits by disregarding settled election jurisprudence -- Article 243-O contains express bar against judicial interference in Panchayat election matters -- Section 131H provides efficacious alternative remedy through election petition -- Once election process commences, writ jurisdiction should not be exercised -- The Court restored the Single Judge's decision and allowed the appeal
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Issue of Consideration: The Issue of maintainability of writ petition challenging rejection of nomination in Panchayat election when alternative remedy available under statute
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Final Decision
The Supreme Court allowed the appeal and set aside the interim order dated 18th July, 2025 passed by Division Bench of High Court of Uttarakhand at Nainital -- The Court restored the judgment dated 11th July, 2025 passed by learned Single Judge dismissing Writ Petition (MS) No. 2083 of 2025
