IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/ S) No. 2291 of 2024

Reshma … Petitioner

Versus

District Magistrate, Haridwar & Ors … Respondents

With

Writ Petition (M/ S) No. 2346 of 2024

Reshma … Petitioner

Versus

State of Uttarakhand & Others … Respondents

Mr. Vipul Sharma, Advocate, for the petitioner.

Mr. Ganesh Datt Kandpal, Deputy AG, with Mr. Rajeev Singh Bisht,

Additional CSC, for the State.

Mr. Arvind Vashistha, Senior Advocate, for the complainant-

respondent.

J U D G M E N T

Hon’ble Manoj Kumar Tiwari, J.

In the last election to the O/o Pradhan,

Nagala Khurd, Block Bahadarabad in District Haridwar, petitioner was declared elected. A complaint was made against her that she is disqualified for being elected as Pradhan in view of provision contained in Section 8(1)(r) of Uttarakhand Panchayati Raj Act, 2016. Section 8(1)(r) of Uttarakhand Panchayati Raj Act, 2016

reads as under:

“8. Disqualification for membership

of Gram Panchayat.—(1) A person shall be disqualified for being appointed, a Pradhan, Up-

Pradhan and member of a Gram Panchayat, if he –

(r) He has more than two living children.”

2. A Division Bench of this Court, in the case of Pinki Devi v. State (WPMS No. 2302 of 2019