WPMS/1017/2018
2021 Latest Caselaw 2410 UK

     IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
                ON THE 14TH DAY OF JULY, 2021
                                   BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 1017 of 2018

 BETWEEN:
         Mahimanand Nautiyal                                 .....Petitioner
         (There is no representation for the petitioner)


 AND:
         State of Uttarakhand & others ....Respondents
         (By Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand)



                                 JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner was elected as Gram Pradhan of Gram Panchayat Godri, Block Pratapnagar, District Tehri Garhwal held in the year 2014.

3. The District Magistrate, Tehri Garhwal suspended the petitioner in the pending inquiry vide order dated 16.01.2018. In the suspension order, it was provided that the affairs of the Gram Panchayat shall be looked after by a committee consisting of three members. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:-

"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16.01.2018 passed by respondent no. 2 (contained as Annexure-1 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to permit the petitioner to function as

Gram Pradhan in Village Godri, Block Pratap Nagar, District Tehri Garhwal."

4. Learned Additional Chief Standing Counsel appearing for respondents has pointed out that in paragraph no. 2 of the writ petition, petitioner has admitted that he was elected in the year 2014, therefore, his term came to an end in the year 2019. He has further pointed out that elections to the three tier Panchayats were held in the year 2019 and election for re-constituting Gram Panchayat Godri, Block Pratapnagar, District Tehri Garhwal would also have been held in the year 2019.

5. Since the term for which petitioner was elected is over now and petitioner has challenged his suspension, which does not entail any disqualification for re-election, therefore, in the humble opinion of this Court, the reliefs as claimed in the writ petition, do not survive.

6. Accordingly, writ petition fails and is dismissed. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Navin