Ankit Rana vs State Of Uttarakhand And Others

Manoj Kumar Gupta, CJ

The petitioner has prayed for a writ of qua warranto removing respondent no. 7 from the office of Gram Pradhan of village Harlalpur, Post Maheshpura, Block -Bazpur, District Udham Singh Nagar, on the ground that she was less than 21 years of age at the time of her election.

Learned counsel for the petitioner submits that under Section 138 (1) (d) (iii) of Uttarakhand Panchayati Raj Act, 2016, in case, any person suffers from any disqualification mentioned in Clauses (a) to (u) of Sub Section (1) Section 8, he shall be removed by the State Government.

Learned counsel for the petitioner states that the petitioner would make representation to the State Government and prays for direction to the State Government to consider and decide the same expeditiously.

Learned State counsel has no objection to the same.

As under law, in case, a returned candidate suffers from any disqualification stipulated under various clauses of sub-section (1) of Section 8, the State Government has power to hold an inquiry and remove the said person, therefore, we are of the opinion that no purpose would be served in issuing notice of the instant petition to respondent no. 7 and keeping the matter pending.

Having regard to the limited prayer made by learned counsel for the petitioner, we dispose of the writ petition permitting the petitioner to make a representation to the State Government. In the event, the petitioner makes any such representation to the State Government, the State Government shall decide the same, in accordance with law, after due notice and opportunity of hearing to respondent no. 7.

Pending application, if any, also stands disposed of.