The Uttarakhand High Court has made it clear that any claims of fake or fraudulent voting must be handled through an election petition. This decision came in response to a case by Rajendra Singh Chauhan, who had asked the court to cancel some votes and start an independent investigation into alleged fake voting during the panchayat elections.
The court refused his request and said such matters should follow the proper legal process through an election petition, not through direct court intervention.
Chauhan, a candidate in the panchayat elections from Joshi Gothan block in Dehradun, had sought cancellation of 38 votes and a detailed investigation, alleging that there was fraudulent voting during the elections.
However, the State Election Commission explained that such issues must be addressed by filing an election petition, as defined by constitutional mandates and the Uttarakhand Panchayati Raj Act. The High Court agreed, saying the law is clear about how election disputes should be handled.
The court also stressed that once an election process has started, legal challenges must follow the set procedures, and writ petitions (like the one filed here) are not the correct way.