JUDGMENT

The petitioner had preferred this writ petition, challenging the order dated 24.08.2020, which was passed by respondent No. 2, by virtue of which the petitioner, who was representing as Pradhan Gram Panchayat, Aamwala Vikas Khand Sahaspur, as a consequence of being elected in the election, held as for the said post, has been removed by the respondents while exercising powers under Section 138 (1) (ga) of the Punchayat Raj Act, 2016.

2. In fact, if the reasons, which are assigned in the impugned order, are taken into consideration for disentitling the petitioner to continue to enjoy the elected office of Pradhan, was on the ground that the high school certificate or the qualification certificate, which she possessed and which constituted as to be the basis of her candidature to contest the election, was subsequently complained of, to have been found to have been procured by fraud.

3. During the intervening period of the pendency of the writ petition, the coordinate Bench of this Court had passed an order date 18.12.2020, whereby the Chief Education Officer, Dehradun, i.e. respondent No. 4, herein was directed to get the relevant information in relation to the petitioner's qualification of having passed her high school examination from the Regional Office, Secondary Education Board of UP, Meerut.

4. In compliance of the said order dated 18.12.2020, which was passed by the Division Bench of this Court, the Registry of this Court, has placed the report, which has been received from the office of Regional Secretary, Secondary Education Board, Meerut, and in the report thus submitted, reads as under:-

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5. In the report dated 04.12.2020, it had been specifically observed that all the documents, which have been appended by the petitioner, were fraudulent and in fact, she was not found to have even qualified her so-called examination of high school under the certificate which she has placed reliance for the purposes of participating in the election of Gram Pradhan.

6. Consequently, in view of the said report, which has been submitted by the Regional Secretary, Secondary Education, Meerut on 14.12.2020, the contention of the respondent as observed in the impugned order founds to be absolutely justified and hence the action taken against the petitioner under Section 138 of the Punchayat Raj Act, as applicable to the State of Uttarakhand, was absolutely justified, which does not call for any interference by this Court, consequently, the present writ petition lacks merits and the same is accordingly dismissed.