Uttarakhand High Court
WPMB/648/2025 on 11 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
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WPMB No. 648 of 2025
Hon'ble Manoj Kumar Tiwari, J.
Hon’ble Subhash Upadhyay, J.
1. Mr. Devdutt Kamat, learned Senior
Counsel assisted by Mr. Sagar Kothari, Mr.
Vaibhav Jain, Mr. Vikas Bahuguna & Mr.
Aditya Singh, Advocates for the petitioner.
2. Mr. S.N. Babulkar, learned Advocate
General with Mr. C.S. Rawat, learned Chief
Standing Counsel, Mr. A.P. Singh, learned
Additional Advocate General, Mr. Gajendra
Tripathi, learned Brief Holder for the State
of Uttarakhand.
3. Mr. Sanjay Bhatt, learned counsel for
the respondent-State Election Commission.
4. By means of this writ petition,
petitioner has sought the following reliefs:-
(i) issue a writ, order or direction in the nature of
certiorari, quashing the government order dated
6.8.2025 (Annexure No. 5 to this writ petition)
issued by respondent no. 1, in so far as the seat of
Chairman, Zila Panchayat, Dehradun has been
reserved as General Category (Women).
(ii) issue a writ order or direction in the nature of
certiorari, calling for records and quashing the
order passed by respondent no. 1 to the objections
filed by the petitioner and allowing the objections
of the petitioner (Annexure no. 4 to this writ
petition).
(iii) issue a writ, order or direction in the nature of
mandamus, commanding/directing the
respondents to issue fresh list of reservation for
the post of Chairman, Zila Panchayat, Dehradun
strictly as per the government order no.
822/XII(I)/2025/86(16)2019 dated 11.06.2025
(Annexure No. 1 to this writ petition).
5. According to the petitioner, in the
ongoing election process, Office of
Chairman, Zila Panchayat, Dehradun is
reserved for women, whereas, as per
applicable Rules, it should be kept
unreserved. For contending so, reliance is
placed upon a Government Order issued by
Secretary, Panchayatraj Department,
Government of Uttarakhand on 11.06.2025.
Para 7.3 of the said Government Order
provides the guidelines for reservation of
seats in Zila Panchayat for women.
6. Learned counsel for the petitioner also
refers to Clause (7) of Rule 6 of the Rules
known as “Uttarakhand Gram Panchayat,
Kshetra Panchayat and Zila Panchayat
(Reservation & Allotment of Seats in
Offices) Rule, 2025” notified on 09.06.2025.
Clause (7) of Rule 6 of the Rules, is
reproduced below:-
“6(7). Not less, than half of the total number of
the Zila Panchayats including the number of Zila
Panchayats reserved for women under sub-rule
(6) shall be allotted to women, so however, that
the territorial area of the Zila Panchayat allotted
to them have the largest population, excluding
the population of the Scheduled Tribes,
Scheduled Castes and the Backward Classes and
in the subsequent election the allotment shall be
made in the aforesaid manner so however, that,
as far as may be, that the Zila Panchayats
allotted to women in the previous elections shall
not be allotted to women.”
7. Learned Advocate General submits
that the reservation of seat to women,
given in Zila Panchayat, Dehradun, cannot
be questioned based on a Government
Order, when the field is covered by
Statutory Rules. He submits that the
reservation has been given strictly as per
Clause (7) of Rule 6 of the aforesaid Rules.
He further submits that the process of
election to the Office of Chairman, Zila
Panchayat was notified vide notification
dated 07.08.2025 and today is the last date
of submission of nomination and any
interference, at this stage is bound to derail
the election process. Thus, he submits that
in view of the law declared by Hon’ble
Supreme Court in the case of Mohinder
Singh Gill & another vs The Chief Election
Commissioner & others, reported as (1978)
1 SCC 405; Boddula Krishnaiah & another
vs. State Election Commissioner, A.P. &
others, reported as (1996) 3 SCC 416; and
West Bengal State Election Commission &
others vs Communist Party of India
(Marxist) & others, reported as (2018) 18
SCC 141, petitioner is not entitled to any
relief at this stage.
8. After hearing rival contentions raised
by learned counsel for the parties, we are
satisfied that this is not a case in which an
interim order can be passed at this stage.
The reservation given to women for election
to the Office of Chairman, Zila Panchayat,
cannot be questioned, only on the ground
that the guidelines, as contained in a
Government Order, are not strictly followed.
Since the field is covered by Uttarakhand
Panchayati Raj Act and the Rules framed
thereunder, therefore, violation of executive
instructions alone cannot be a valid ground
for challenging reservation in election to the
Office of Chairman, Zila Panchayat,
Dehradun.
9. In view of the aforesaid facts and
reasons, we are not inclined to grant any
interim relief at this stage. Accordingly, stay
application (IA No. 1 of 2025) is rejected.
10. List this case on 22.09.2025. Counter
affidavit, if any, be filed within four weeks.
Rejoinder affidavit may be filed within two
weeks thereafter.
11. Let certified copy of this order be
supplied to the parties today itself on
payment of usual charges, as per rules.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
11.08.2025
Aswal