Uttarakhand Local Bodies Election Reservation Case: HC Orders Govt To File Affidavit

The Uttarakhand High Court while reviewing petitions challenging the Reservation Rules 2024 for upcoming municipal elections, has directed the state government to submit a reply affidavit within four weeks.

The single-judge bench of Justice Rakesh Thapliyal refrained from issuing any interim orders during the hearing.

During the proceedings, the petitioners argued that the reservation notification was issued without adhering to established rules. They further contended that the election schedule was announced the same evening the notification was released, depriving them of an opportunity to raise objections.

According to the petitioners, the rules provide a provision to raise objections after the reservation announcement, which was allegedly overlooked by both the state government and the Election Commission.

The petition highlighted that seats with a population of less than 10,000 from the Other Backward Classes (OBC) and Scheduled Tribes (ST) should not have been reserved. Instead, seats in areas with higher OBC and ST populations should have been prioritized.

Specifically, the petition cited that Almora, having a lower OBC and ST population, should not have been reserved, whereas regions such as Dehradun and Haldwani, which have significantly larger populations, should have been.

In defense, the state government maintained that the reservation roster was implemented in strict accordance with the provisions of the Uttarakhand (Uttar Pradesh Nagar Palika Act, 1916) Amendment Act, which was officially notified on September 20, 2023. The government also asserted that the reserved seats were determined as per Article 243T of the Indian Constitution, which governs the reservation of seats in municipal bodies.

Additionally, the government contended that the petition was not maintainable in its current form and should have been filed as an election petition.

Court has scheduled the next hearing for March 3.

Meanwhile, municipal elections in Uttarakhand are set to take place on January 23, covering 11 municipal corporations, 43 municipal councils, and 46 nagar panchayats across the state. The counting of votes is slated for January 25.

This case underscores concerns over the transparency of the reservation process in local elections and highlights tensions between electoral authorities and concerned citizens. With the upcoming elections approaching fast, the court’s decision on this matter will be closely monitored by all stakeholders.

Read More: Delhi Airport Operations Normal as Dense Fog Affects Northern India