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Judgment
7 paragraphs · 182 wordsAlok Mahra, J
Heard learned counsel for the appellant and learned counsel for the respondents.
Learned counsel for the appellant submits that Election Petition would be maintainable only after declaration of result and the appellant has an efficacious remedy of challenging the order impugned in the Writ Petition by way of filing Petition under Article 226 of the Constitution of India.
Per contra, learned counsel for the Election Commission submits that, as per Section 131-H of Uttarakhand Panchayati Raj Act, 2016, the remedy available to the appellant is by way of filing an Election Petition.
We have perused the order passed by the learned Single Judge. We find no infirmity in the order under challenge, which may warrant interference by this Court.
Even otherwise also, since the elections are slated to be held on 28.07.2025, we decline to entertain the Special Appeal on that ground alone, as it could lead to repercussions and disruption of the election.
Accordingly, the Special Appeal fails and is dismissed. However, appellant shall be at liberty to approach the Election Tribunal.