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IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Writ Petition (M/S) No. 3505 of 2022

Rekha Devi

……………...Petitioner

-Versus-

State of Uttarakhand And Others

……….….…...Respondents

Present: Ms. Snigdha Tiwari, learned counsel holding brief of Mr. Abhijay Negi, learned counsel for

the petitioner.

Mr. Vinod Nautiyal, learned Deputy Advocate General alongwith Mr. Suyash Pant,

learned Standing Counsel for the State of Uttarakhand/respondents.

Date of Hearing and Order: 07.01.2023

Sri Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel for the parties, the Court has passed

the following order:-

1.

By filing this writ petition, the petitioner being elected as

Pradhan of Gram Panchayat of Village Seltachapad, Block

Lamgada, District Almora has prayed for the following reliefs:

(i)

Issue a writ, order or direction in the nature of certiorari

quashing the impugned order dated 12^th September 2022

issued by respondent no. 2 (Annexure No. 12) whereby the

petitioner has been removed from the office of the pradhan of

village Seltachapad, District Almora.

(ii)

Issue a writ, order or direction in the nature of mandamus

commanding the respondent no. 2 to restore the charge of

petitioner on the office of Pradhan of Village Panchayat

Seltachapad, Block Lamgada, District Almora.

(iii) Issue a writ, order or direction in the nature of mandamus

commanding the respondents to follow the final order and

judgment of the High Court in WPMS 2153 of 2022 dated

07.09.2022 in letter and spirit.

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2.

This is in fact this is the second journey of the petitioner to this

Court. Her first application WPMS No. 2153 of 2022 was

considered in merit and was disposed of by passing the

following order:

“It is apparent from the record and also from Annexure-8 to the

writ application that there had not been any adjudication that the

petitioner has become disqualified for having more than two

children after cut-off date. So, it was not within the jurisdiction

of Zila Panchayat Adhikari, Almora, to issue such a notice.

Hence, the notice is quashed on the first date itself after hearing

the learned Additional C.S.C.; but this order will not be a bar to

initiate appropriate proceedings against the petitioner, if the State

Government or the District Administration so considers under

Section 138(1)(d) of the Uttarakhand Panchayati Raj Act, 2016. ”

3.

The facts of the case are not disputed. In the month of

September, 2019, the Election Commission of Uttarakhand

issued notification for a three tier Panchayat Election in the

district of Almora, in which the petitioner participated for the

post of Pradhan of the aforesaid Gram Panchayat. She was

elected unopposed. At that time, she was qualified and she had

two children; however, on 01.03.2022, a third child, namely,

Km. Gunjan was born to the petitioner and her husband. On

27.04.2022, Ummed Singh filed a complaint against the present

petitioner. On 07.05.2022, the DPRO, Almora directed the ADO

(Panchayat), to enquire into the complaint. In the meantime, by

virtue of two orders of 09.06.2017 & 17.12.2020, the State

Government in exercise of the powers conferred upon it under

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Section 146 read with Section 185 of the Act delegated its

power under Section 138 of the Act to the District Magistrate.

Such delegation of power was later on modified on 17.12.2020.

On 17.05.2022, the ADO (Panchayat), Lamgada submitted its

report to the DPRO, Almora. The DPRO, Almora issued notice

to the petitioner to resign from the post of Pradhan and

subsequently on 02.07.2022, a reminder was sent.

4.

The petitioner had preferred a writ petition bearing WPMS No.

2153 of 2022, which was disposed of by this Bench on

07.06.2022, by making observations as quoted above. On

16.09.2022, the petitioner had orally informed the respondent

no. 3 about passing of the order and certified copy of the