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2018 Supreme(UK) 177

MANOJ K.TIWARI
Netra Singh Kunwar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. V.B.S. Negi, Sr. Advocate, assisted by Mr. A.K. Joshi and Mr. Amit Kapri, Advocates, present
For the Respondents:Mr. S.N. Babulkar, Advocate General, assisted by Mr. Paresh Tripathi, Chief Standing Counsel
For the Caveator :Mr. C.S. Rawat, Advocate

JUDGMENT :

Manoj K. Tiwari, J.

1. By means of present writ petition, petitioner has sought the following reliefs:-

“(i). Issue a writ of certiorari to quash the order dated 18.09.2017 passed by Chief Development Officer, Pithoragarh and order dated 13.10.2017 issued by Block Development Officer, Dharchula as well as notice dated 12.10.2017 issued by Block Development Officer, Dharchula.

(ii). Issue a writ, order or direction in the nature of mandamus declaring the proceeding of no confidence stood rejected.

2. Heard learned counsel for the parties and perused the records.

3. Petitioner was elected as the Block Pramukh of Dharchula Block, District Pithoragarh in the year 2014. On 16.09.2017, a notice signed by more than 50% of the members of Kshetra Panchayat was presented before the Chief Development Officer, Pithoragarh seeking a motion of ‘no confidence’ against the petitioner, in terms of Section 63(1) of the Uttarakhand Panchayat Raj Act, 2016 (hereinafter referred to as “the Act”). Pursuant to the said notice, Chief Development Officer issued an order dated 18.09.2017, whereby he directed that meeting for considering no confidence motion would be held on 12.10.2017 and shall be pres









































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