Sartaj Jahan vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioner contested election to the office of Gram Pradhan, who lost and respondent no. 11 was declared elected.

Petitioner filed an election petition, which was subsequently withdrawn. Petitioner had made certain complaints against respondent no. 11 to the

District Magistrate, Udham Singh Nagar that respondent no. 11 does not belong to O.B.C. category and she has wrongly contested election against

the post, which is reserved for O.B.C. Since petitioner’s complaints were not being considered by the authorities, therefore, she has approached

this Court, seeking direction to take decision on her complaints.

Mr. D.C.S. Rawat, learned counsel for the petitioner submits that petitioner’s complaint is being processed and a show cause notice has been

issued to respondent no. 11 on 22.06.2021. He, therefore, submits that the writ petition be disposed of with a direction to the Competent Authority to

expedite disposal of the complaint.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the District Magistrate, Udham Singh

Nagar to pass final order on petitioner’s complaint, as early as possible. It goes without saying that before taking any decision, reasonable

opportunity shall be given to respondent no. 11 and respondent no. 11 shall be free to raise all contention before the Competent Authority.