MEENA vs STATE OF UTTARAKHAND - 2021 Supreme(UK) 739

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(UK) 739

SHARAD KUMAR SHARMA
MEENA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent

Advocates:
For the Petitioner:Mr. Shashank Upadhyaya, Advocate
For the Respondent:Mr. T.S. Phartiyal, Addl. CSC and Mr. Rajat Mittal, Advocate

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 qu

Click Here to Read the rest of this document