HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE SRI JUSTI CE MANOJ KUMAR TI WARI Writ Petition (M/ S) No. 1148 of 2025

11^th December, 2025 Paramjeet Kaur --Petitioner Versus State of Uttarakhand and others --Respondents with Writ Petition (M/ S) No. 1819 of 2024 Paramjeet Kaur --Petitioner Versus State of Uttarakhand and others --Respondents -------------------------------------------------------------- Mr. Avtar Singh Rawat, Senior Advocate, assisted by Mr. S.K. Mandal, Advocate for the petitioner.

Mr. Ganesh Dutt Kandpal, Deputy Advocate General and Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand.

Mr. Bhuwan Bhatt, Advocate for the caveator.

--------------------------------------------------------------

JUDGMENT

Since common questions of fact and law are involved in these petitions, therefore, they are clubbed together and are being heard & decided by a common judgment.

2. Petitioner was elected as Pradhan, Gram Sabha Lamgrant, Block Bhagwanpur, District Haridwar in the last three tier general elections held in 2022. A complaint was made against her on the date of nomination that she has filed certain educational certificates with her nomination papers, which are forged, thus, she is not educationally qualified for being appointed as Pradhan in terms of provision contained in Section 8 (1) (q) of Uttarakhand Panchayati Raj Act, 2016. The election was held on 26.09.2022 and result thereof was declared on 29.09.2022 in which petitioner was declared elected.

3. Based on the aforesaid complaint, notice was issued to the petitioner, asking her to put forth her version in the matter.

4. In her reply to the notice, petitioner took the stand that she passed 8^th standard from Dr. Rajendra Prasad Junior High School, Beribag, Saharanpur.

5. Learned State Counsel, however, has drawn attention of this Court to the affidavit filed by petitioner along with her nomination papers, which is enclosed as Annexure-2 to the counter affidavit filed by respondent no. 4. In her affidavit, petitioner has mentioned that she passed 9^th standard from HAV Inter College, Saharanpur in the year 1996.

6. As per the information furnished by the petitioner in her nomination papers, a report was called from the District Inspector of Schools, Saharanpur. In his letter dated 4.11.2022, District Inspector of Schools, Sahranpur informed that as per the report dated 12.10.2022 received from HAV Inter College, Saharanpur, petitioner never studied in the said college.

7. The Prescribed Authority, after considering the report submitted by District Inspector of Schools, Saharanpur, passed an order on 12.4.2023, declaring petitioner as disqualified for holding the post of Pradhan.

8. Petitioner filed appeal against the said order with the contention that she passed 8^th standard from Dr. Rajendra Prasad Junior High School, Saharanpur and not from HAV Inter College, as alleged. The Appellate Authority/Chief Development Officer dismissed the appeal, vide order dated 31.5.2024, by holding that petitioner never studied in HAV Inter College, Saharanpur as per the reports submitted by Education Authorities of District Saharanpur; the Educational Certificates, including Transfer Certificate could not be verified from Dr. Rajendra Prasad Junior High School, Saharanpur, due to non-availability of record in the concerned school. The Appellate Authority further held that since petitioner has relied upon 9^th standard marksheet, alleged to have been issued by HAV Inter College, Saharanpur while submitting nomination papers and after enquiry it is revealed that petitioner never took admission in the said college, therefore, she furnished incorrect information in her nomination papers, therefore, her stand that she studied from some other school cannot be entertained, especially when the qualification now relied by the petitioner could not be verified for want of relevant record.

9. Petitioner has filed two writ petitions. In Writ Petition (M/S) No. 1148 of