Questions are also being raised on making voters included in the bodies as voters in the Panchayats by bypassing the provision of Uttarakhand Panchayati Raj Act, 2016. There is a demand for investigation as to how these urban voters came in the list of Panchayats despite there being no provision in the Act.
In fact, under subsection-6 of section-9 of Uttarakhand Panchayati Raj Act 2016, no person can have his name in the voter list of more than one regional constituency. In subsection-7, it has been clarified that if a person’s name is already in the voter list of any other Municipal Corporation, Municipality or Nagar Panchayat, then he will get a new nomination only when he shows that his name has been removed from that voter list. But those who openly make voters have violated this Act
Confusion increased due to this letter of the Commission
The State Election Commission had issued a circular in this matter. It was stated that according to Section 9(13) of the Panchayati Raj Act, a person whose name is included in the voter list of any constituency of a Gram Panchayat will be eligible to vote and contest election, file nomination, and be appointed to any post in that Gram Panchayat.
Similarly, provisions are given in Section 54(3) for the Area Panchayat and Section 91(3) for the District Panchayat. After the issuance of this circular, confusion increased. The Commission had a clear stand that the one who has been included in the voter list is entitled to vote and contest election, while the Commission did not show any clear stand regarding those who have got their names included wrongly. Therefore, the High Court has put a stay on this circular of the Commission.
Now the circular has been stayed, but what will happen next?
The question is also that the High Court has not interfered in the election process. It has only put a stay on the circular related to contesting elections. So, what will happen to those who have filed nomination. According to the notification of the Election Commission, the process of nomination, scrutiny of nomination papers and withdrawal of nomination papers has been completed. In such a situation, if the notification is not amended, what will happen to the candidates whose names are included in two places? Commission Secretary Rahul Goyal says that a clear statement can be made on this only after receiving the order of the High Court
