JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition is made to an office order dated 28.04.2023, passed by the respondent no.1 the State of Uttarakhand (“the State Government”) by which, the petitioner has been removed from the post of Member, Jila Panchayat, Bageshwar under Section 138 Uttarakhand Panchayati Raj Act, 2016 (“the Act”) and the petitioner has further been disqualified for being chosen a member of the Panchayat and being elected a Panchayat/Pradhan/Up-Pradhan/ Pramukh/Up-Pramukh/Chairman/Vice-Chairman for a period of five years. The petitioner also challenges the enquiry proceedings including inquiry report dated 18.10.2018 submitted by the respondent no.3 the Commissioner Kumaon Mandal (“the Commissioner”); the petitioner also seeks restoration of his status as Member of Jila Panchayat forthwith.

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

3. The petitioner was Chairman, Jila Panchayat, Bageshwar (“the Chairman”) from the year 2014 to 2019.

4. The facts, briefly stated, are as follows:-

(i) In the year 2014, the petitioner contested the election of Chairman, Jila Panchayat Bageshwar. The respondent no.7 Govind Singh Danu was one of the cont