BHUPENDRA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Justice Mathew in Indira Gandhi Nehru case ( Indira Nehru Gandhi v. Raj Naran , (1976) 2 SCR 347) had outlined the importance of the elections in democracy and the relevant stages and the mechanism which must be placed by the State to deal with the three stages. The relevant paragraphof the judgment of Indira Gandhi Nehru case is as under:-

(2.) The indispensable necessity of a judicial Tribunal to deal with the cases of the elections disputes had further been emphasized by the Constitution Bench decision of the Hon'ble Apex Court in the case of Mohinder Singh Gil and another Vs. The Chief Election Commissioner, New Delhi and others reported in (1978) 1 SCC 405.

(3.) We presently have a situation, as brought to the notice of this Court by means of these writ petitions, where after the results of "panchayat" elections, which have recently been concluded in the State of Uttarakhand (barring one district i.e. District Haridwar), there is yet no effective mechanism in place, even after the conclusion of these elections which may deal with election disputes.