MOHAN LAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Devang Dobhal, learned counsel appearing for the petitioner, Mr. Pankaj Purohit, learned Deputy Advocate General appearing for the State of Uttarakhand and Mr. Sanjay Bhatt, learned counsel appearing for the State Election Commission/ respondent no. 5.

(2.) This writ petition is filed in public interest seeking a direction to quash the notification dated 05.04.2018, issued by the State Government, merging certain villages with Dehradun Municipal Corporation. Reliance was placed by the petitioner on an earlier judgment of a Division Bench of this Court in WPPIL No. 136 of 2017 dated 29.08.2018 wherein the final notification issued on 25.10.2017 was quashed on the ground that the objections filed by the petitioner therein had not been considered.

(3.) We had in our order dated 15.11.2018, noted the submission of the learned Advocate General that the final notification dated 25.10.2018 was subjected to challenge in WPMS No. 2652 of 2017 and WPMS No. 290 of 2018, which formed part of the batch of cases in WPMS No. 3094 of 2017 and batch; all the notifications, including the final notification dated 25.10.2017, were quashed by the learned Single Judge by his order dated 09.03.2018; thereafter, the State had issued a fresh preliminary notification dated 10.03.2018 calling for fresh objections; more than 1764 objections were received and considered; thereafter, a final notification was issued on 05.04.2018 merging the subject village with the Dehradun Municipal Corporation; an election notification was issued on 15.10.2018 fixing the date of election as 18.11.2018; and, in terms of order of the Division Bench of this Court in WPMS No. 3142 of 2018 dated 22.10.2018, elections were required to be held before the end of this year. We had, therefore, called for the records in WPMS No. 2652 of 2017 and WPMS No. 290 of 2018.