Ravipal Singh Saini vs State Of Uttarakhand & Ors

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to forthwith initiate the election process by declaring the

election schedule within a stipulated period and further appropriate directions be issued to the respondents to complete the entire election process of

Panchayat/District and Kshetra Panchayat Haridwar within some stipulated time.

Learned Senior Counsel appearing for the petitioner submits that as per Article 243-E(3) of the Constitution of India, election to constitute a

Panchayat, has to be completed-(a) before the expiry of its duration of five years, or (b) before the expiration of a period of six months from the date

of its dissolution. Learned Senior Counsel submits that the term of Village Panchayats of District Haridwar expired on 19.05.2021, therefore, it was

incumbent upon the respondents to hold elections before 19.05.2021. Learned Senior Counsel further contends that as per Section 130(6) of The

Uttarakhand Panchayati Raj Act, 2016, as amended from time to time, an Administrator can hold office for a period not exceeding six months. He

submits that since Administrator was appointed on 18.05.2021; therefore, Administrator cannot hold office after 17.11.2021.

Since petitioner has sought a writ of mandamus without making a demand before the Competent Authority, therefore, this Court is not inclined to

entertain the writ petition at this stage. However, having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to

the petitioner to approach the Secretary, Panchayati Raj (respondent no.2) by making a representation. If petitioner makes such representation within

ten days from today, decision thereupon shall be taken within three weeks thereafter.