V.K. Bist, J.

Heard Mr. Sharad Sharma, Senior Advocate assisted by Mr. Pawan Mishra, Advocate for the petitioner, Mr. Subhash Upadhyay, Chief Standing Counsel with Mr. Pradeep Joshi, Standing Counsel for the State and Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Harishek, Lakhera, Advocate for respondent no.5.

2. Petitioner claims himself as social worker and leader of BJP. He is resident of village Malkot, District Pauri Garhwal. Present Public Interest Litigation is filed by him for following reliefs:

“i. Issue a writ, order or direction in the nature of certiorari, calling for the records and quashing the resolution/order dated 27.09.2014 (Annexure No.3 to this writ petition), passed by the Block Development Officer, Block Pokhra, District Pauri Garhwal-respondent no.4 and Pramukh, Kshetra Panchayat Pokhra, District Pauri Garhwal-respondent no.5.

ii. Issue a writ, order or direction in the nature of mandamus, commanding the respondent no.1 to constitute an enquiry committee to enquire about the distribution of public money of Rs.56,75,000.00 only among 11 wards of Kshetra Panchayat Pokhra, District Pauri Garhwal and direct the enquiry committee to submit its report before this Ho’ble Court and the further direct the respondents to take a necessary action in accordance with law.

iii. issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to direct the respondent nos.4 and 5 to distribute the public money i.e. Rs.56,75,000.00 equally among all 20 wards of Kshetra Panchayat Pokhra, District Pauri Garhwal.

iv. Pass any other and further orders, which this Hon’ble Court may deem fit and proper in the facts and circumstance of the case. \

v. award the cost of writ petition to the petitioner.”

3. It is contended that there are 58 Gram Panchayats in Kshetra Gram Panchayat Pokhra, District Pauri Garhwal. These 58 Gram Panchayats of Pokhra have been divided into 20 wards of Kshetra Panchayat. Members of these 20 wards elect the Pramukh, Kshetra Panchayt Pokhra, District Pauri Garhwal. In 2014 election, the petitioner contested election of Pramukh Kshetra Panchayat, Pokhra. He lost to respondent no.5 by two votes. Respondent no.5 got 11 votes whereas the petitioner got 9 votes.

4. The contention of the petitioner is that an amount of Rs. 56,75000/- was earmarked for several schemes of the State Government for the development of all Kshetra Panchayats, which were to be distributed equally to each ward of the Kshetra Panchayat. On 23.09.2014 a meeting of Kshetra Panchayat Pokhra was held in which total 5 committees were constituted and it was proposed that the meeting of Block Development Committee of Kshetra Panchayat Pokhra will be held on 27.09.2014. On 27.09.2014, the petitioner was also present in the meeting but proceedings were not recorded. After the meeting, the respondent nos.4 and 5 prepared a resolution, behind the back of the petitioner and other members, in which it was shown that Rs. 56,75,000/- were distributed for the development of 11 wards Kshetra Panchayat Pokhra but no money was allotted for rest 9 wards of the Kshetra Panchayat. It is contended that the entire proceeding was done behind the back of the petitioner and other members of Kshetra Panchayat. The petitioner came to know that the said resolution has been approved by the Chief Development Officer, Pauri Garhwal and twice cheque had also been issued to the members of 11 wards of the Kshetra Panchayat in whose favour the amount was allotted. He made a representation to District Magistrate, Pauri Garhwal. He also made representation to the Block Development Officer, Pokhra, Pauri Garhwal requesting them to enquire the matter and take action. According to the petitioner, 11 wards in whose favour amount was allotted are Dalmana, Nail, Pokhra, Aeroil (Ubot), Srikot, Chopra, Mayalgaon, Sald, Binamalli,