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2020 Supreme(UK) 235

MANOJ K TIWARI
Bhupendra Singh – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
T.A. Khan, Advocate, V.B.S. Negi, Advocate, Vinay Bhatt, Advocate, B.S. Negi, Advocate, Aditya Singh, Advocate, Jitendra Chaudhary, Advocate, D.K. Joshi, Advocate, Ramji Srivastava, Advocate, Sagar Kothari, Advocate, K.H. Gupta, Advocate, B.S. Adhikari, Advocate, Amit Kapri, Advocate, C.K. Sharma, Advocate, T.P.S. Takuli, Advocate, Shujeet Kumar Shah, Advocate, Sandeep Kothari, Advocate, Priyanshu Gairola, Advocate, Prabha Naithani, Advocate, Prabhakar Joshi, Advocate, Nagesh Agarwal, Advocate, I.D. Paliwal, Advocate, Pankaj Purohit, Advocate, Anil Dabral, Advocate, Anil Kumar Joshi, Advocate, Mehboob Rahi, Advocate, Yogesh Pacholia, Advocate, M.C. Pandey, Advocate, Narain Dutt, Advocate, Suyash Pant, Advocate, K.K. Tiwari, Advocate, Ravindra Singh Bisht, Advocate, Prabhakar Narayan, Advocate, V.K. Kaparuwan, Advocate, Lokendra Dobhal, Advocate, Ganesh Kandpal, Advocate, Vikas Bahuguna, Advocate, Akshay Latwal, Advocate, Vikas Kumar Guglani, Advocate, Ajay Singh Bisht, Advocate, Sanjay Bhatt, Advocate

JUDGMENT

Manoj K. Tiwari, J. - Since common questions of fact and law are involved in these petitions, therefore all these petitions are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of WPMS No. 3350 of 2019 are being considered.

2. In all these writ petitions, petitioners have questioned validity of election of certain Members or Office Bearers of the Panchayats at the Village, Intermediate & District Levels.

3. The expression "Panchayat" has been defined under Article 243 (d) of Constitution of India, which is extracted below:

    "243. (d) "Panchayat" means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;"

    4. Section 2 (16) of Uttarakhand Panchayati Raj Act, 2016, as amended by Act No.18 of 2020, defines expression "Panchayat" as follows:

      "2(16) "Panchayat" means Gram Panchayat, Kshetra Panchayat and Zila Panchayat respectively in relation to Part II, Part III and Part IV under this Act;"

      5. Reliefs sought in Writ Petition (M/S) No. 3350 of 2019 are extracted below:

        "(i) Issue a writ, order or direction, in the nature of certiorari quashing the election result declar

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