IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/ S) No. 2940 of 2025 Rashida … Petitioner Versus State of Uttarakhand & Others … Respondents Mr. Pramod Bailwal, Advocate, for the petitioner.

Mr. Ganesh Datt Kandpal, Deputy AG, for the State.

J U D G M E N T Hon’ble Manoj Kumar Tiwari, J.

Petitioner was elected as Member, Gram Sabha, Village Hazara Grant, Block Bahadrabad, District Haridwar in the last panchayat elections held in 2022. A complaint was made by one Mr. Nadeem Ali on 25.11.2023 alleging that with her nomination paper filed before Returning Officer, petitioner filed an affidavit stating that she passed 8^th Standard examination from SMA Junior High School, Gangalheri, Saharanpur (U.P.) in the year 2004, but as per the certificate issued by Principal of SMA Junior High School, petitioner never studied in the said school, thus petitioner is not educationally qualified for holding the office as Member, Gram Panchayat. An enquiry was ordered to look into the allegation made in the complaint and Nayab Tehsildar issued notice to petitioner, but petitioner did not participate in the enquiry despite notice and the Tehsildar, vide order dated 15.2.2025, declared petitioner as disqualified for being appointed as Member, Gram Panchayat for want of requisite educational qualification.

Petitioner filed appeal against Tehsildar’s order, which was dismissed by Sub Divisional Magistrate, Haridwar, vide order dated 7.7.2025. Ultimately, Chief Development Officer, Haridwar passed order under Section 138(1)(d)(iii) of Uttarakhand Panchayati Raj Act, 2016 on 19.8.2025 declaring petitioner ineligible for holding office as Member, Gram Panchayat, Ward No. 12. Petitioner has approached this Court challenging the orders passed by Nayab Tehsildar, Sub Divisional Magistrate and Chief Development Officer.

2. The Constitution of India, in Article 243F, provides for disqualifications for membership, which is extracted below:

“243F. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.”

3. Section 8 of Uttarakhand Panchayati Raj Act, 2016 enumerates the grounds on which a person may be declared disqualified for being appointed as Pradhan, Up-Pradhan or Member of a Gram Panchayat. Section 8(1)(q) thereof provides that a person shall be disqualified for being appointed as a Pradhan, Up-Pradhan or Member of a Gram Panchayat, if he has not passed High School or equivalent examination from any recognized institution/Board, however the minimum qualification required in respect of women and members of Other Backward Classes/Scheduled Caste/Scheduled Tribe would be Middle examination or Eight Standard.

4. Section 8(5) of the said Act provides that if any question arises as to whether a person has become subject to any disqualification mentioned in the Act, then the question shall be referred to the prescribed authority and his decision shall, subject to the result of any appeal as may be prescribed, be final. Reportedly, Tehsildar is notified as Prescribed Authority under Section 8(5) of the Act in respect of Member, Gram Panchayat and Sub Divisional Magistrate is notified as the Appellate Authority.

5. Learned Counsel for the petitioner concedes that in her nomination form, petitioner mentioned that she passed 8^th Stan