Multiple Electoral Roll Entries Bar Candidates: Uttarakhand HC Stays EC Clarification
🗳️ EC Cannot Override Panchayati Raj Act Provisions
The Uttarakhand HC electoral roll ruling has put a temporary halt to an Election Commission clarification that allowed candidates with names on multiple voter lists to contest panchayat and municipal elections. The High Court found that this clarification conflicted with the Uttarakhand Panchayati Raj Act, 2016, which bars dual registration.
“When the statute expressly prohibits dual registration, the Commission’s clarification appears in the teeth of Section 9,” the bench held in Shakti Singh Barthwal v. State Election Commission.
📜 What the Law Says About Electoral Rolls
Section 9(6) and 9(7) of the Uttarakhand Panchayati Raj Act prohibits:
- ✅ A person from being registered in more than one territorial constituency
- ✅ Simultaneous registration on multiple electoral rolls
- ❌ EC’s clarification attempted to override these prohibitions
For related procedural standards, see our Criminal Procedure Best Practices.
🔍 Why EC’s Multiple Roll Clarification Was Stayed
- Petitioner Shakti Singh argued that candidates appearing in multiple rolls undermines electoral integrity
- After people filed complaints, EC issued a clarification allowing such nominations.
- Singh sought:
- 🚫 A stay on the clarification
- 🔍 An inquiry into roll duplications across nagar and gram panchayats
- ❌ Cancellation of such candidatures
The Court agreed that the EC failed to ensure due diligence while scrutinizing nominations.
⚖️ Legal Representation
| Party | Representation |
|---|---|
| Petitioner | Advocates Abhijay Negi & Snigdha Tiwari |
| State Election Commission | Standing Counsel Sanjay Bhatt |
💬 Vakilify Insight
The ruling sends a firm signal: executive clarifications cannot bypass statutory safeguards in election law. By staying the EC’s relaxation, the Uttarakhand HC reinforced the primacy of legislative intent and procedural integrity in grassroots democracy.
🔗 Related Legal Resources
