The Uttarakhand High Court recently disposed of a PIL seeking a direction to the respondents not to acquire/ take over the premises of Naveen Mandi Sthal, Bagwara, Rudrapur, Udham Singh Nagar for the forthcoming Assembly Elections.
The PIL filed by one Amandeep Singh further seeks direction to the respondents not to cause any hurdle in the activities of sale and purchase of agricultural produce at the aforesaid Naveen Mandi Sthal.
Prabha Naithani, the counsel for the petitioner, submitted that like every year, this year also, the Naveen Mandi Sthal is being used for the purpose of sale and purchase of agricultural produce, and if the entire Mandi is taken over for the purpose of elections, then the poor agriculturists and horticulturists will face insurmountable difficulty.
It is also argued that in the previous year the entire Mandi was not taken over for the purpose of election. Rather, a portion of the same was left for the operation of the agriculturists.
In view of the matter, as the counsel for the respondents are not in a position to provide appropriate instructions, the Division Bench of Acting Chief Justice S.K. Mishra and Justice Alok Kumar disposed of the PIL giving liberty to the petitioner to file a fresh representation along with a certified copy of the order.
The Court directed that if the petitioner submit a copy of the brief before the District Magistrate, Udham Singh Nagar / District Election Officer, Udham Singh Nagar (Opposite Party No. 2) for his consideration than in such an event, the Opposite Party No. 2 shall consider the representation of the petitioner, and after affording a reasonable opportunity of hearing to the petitioner and similarly situated persons, and having considered the grievances of the petitioner dispose of the representation of the petitioner by way of a speaking and reasonable order in 10 days.
The Opposite Party No. 2 shall be at liberty to have a physical verification of the spot, the Court ordered.