Virendra Singh Chauhan And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 24.09.2020 (Annexure No. 11 (Colly) to the writ petition) and 17.09.2020 (Annexure No. 7 to the writ petition) related to petitioner no. 4 and 17.09.2020 (Annexure No. 9 to the writ petition) related to petitioner no.5.

(ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents to not start any adverse recovery order against the petitioners and further restrain the respondents to not rivert/to not disturb the present position of petitioner no. 4 and 5 as Assistant District Election Officer (Ad-hoc) till completion of the regular selection of the petitioner no. 4 and 5.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the regular promotion to the petitioner no. 4 and 5 on the post of Assistant District Election Officer looking the length of service and suitability of the post as per Uttarakhand State Election Commission Subordinate Rule 2015 (as per rule 5).

(iv) Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(V) Award the cost of the petition in favour of the petitioner.”

Heard Mr. S.S. Yadav, learned counsel for petitioner, Mr. Sanjay Bhatt, learned counsel for respondent no.1, respondent nos.3 to 8 and Mr. G.S. Negi, learned Additional Chief Standing Counsel for respondent no.2.

As per the submissions of learned counsel for the parties, the present writ petition is covered by the order dated 19.05.2025, passed by this Court in Writ Petition (S/S) No.1121 of 2020.

Mr. Sanjay Bhatt, Advocate, submitted on instructions that the case of the petitioner shall be considered within eight weeks’ in accordance with rules.

The said submission has not been opposed by Mr. S.S. Yadav, Advocate.

On the request of learned counsel for the parties, the present Writ Petition (S/S No.1162 of 2020) is disposed of directing the Secretary, State Election Commission, Uttarakhand to consider the case of the petitioner in accordance with relevant rules as expeditiously as possible but not later than eight weeks’ from the date of production of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merits of this case.