The Uttarakhand High Court has stopped the disqualification of a woman candidate who was contesting for the position of gram pradhan in Tehri Garhwal’s Udvakhand. The woman was disqualified under a rule in the Uttarakhand Panchayati Raj Act, 2016, which requires candidates to have a toilet at home.
A bench of Chief Justice G Narendar and Justice Alok Mahra said the returning officer’s decision appeared to be a “clear case of malfeasance” and misuse of power. The judges observed that the candidate did have a toilet, although it was built about 150 meters away from her house.
The court noted that in villages, it is common to construct toilets away from the main house for practical and hygiene reasons. “There is no finding that the toilet does not belong to the petitioner or was not constructed by her,” the court said.
Photographs shown in court confirmed that the toilet existed. The judges said the returning officer exceeded his authority by interpreting the law in a way that seemed to favor another candidate.
Lawyer Abhijay Negi, who represented the petitioner, told the court that the woman was not given a fair opportunity to present her side. A copy of the complaint was never shared with her, and no explanation was sought before the local inquiry.
The Village Panchayat Development Officer had even confirmed during an inspection that the toilet was built, though it was at a distance. Despite this, the nomination was rejected.
According to Section 8(3)(b) of the Uttarakhand Panchayati Raj Act, 2016, any person without a toilet in their house is disqualified from contesting panchayat elections.
However, the high court said the rule should not be interpreted in an extreme manner, especially when the candidate has a functional toilet, even if it is located some distance away.
The State Election Commission’s lawyer, Sanjay Bhatt, argued that the toilet should be inside or attached to the dwelling house. He also said Article 243-O(b) of the Constitution bars courts from interfering in panchayat elections except through an election petition.
The bench rejected this argument, stating that the petition was about the wrongful rejection of a nomination, not about challenging the election result. Denying someone the right to contest elections in an arbitrary manner is illegal, the court said.
ALSO READ: Operation Kalanemi: Uttarakhand police nab 82 ‘fake’ babas and sadhus in Dehradun
ALSO READ: Uttarakhand approves Geo-Thermal Energy Policy 2025 to harness natural heat sources
The high court stayed the disqualification order and directed the returning officer to give the woman an election symbol, print her name on the ballot paper, and allow her to participate in the election for gram pradhan.
The court also ordered the State Election Commissioner to conduct an inquiry into the incident and submit a report by August 11, the next date of hearing.
The first phase of the panchayat elections in Uttarakhand will be held on July 24 in 12 districts (except Haridwar). The second phase is scheduled for July 28, and counting of votes will take place on July 31.
According to the State Election Commission, elections will be held across 89 development blocks in 12 districts to elect:
55,587 village panchayat members
7,499 village pradhans (heads)
2,974 block development council members
358 zila panchayat members
Over 4.77 million voters are expected to participate, which is a 10.57% increase from the 2019 panchayat elections.
Copyright © © 2022 Copyright. All Rights Reserved with Arth Parkash