WPMS/225/2021
2021 Latest Caselaw 2159 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
             ON THE 30TH DAY OF JUNE, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 225 of 2021

 BETWEEN:
      Sartaj Jahan                               .....Petitioner
      (By Mr. D.C.S. Rawat, Advocate)

 AND:
      State of Uttarakhand & others            .....Respondents
      (By Mr. T.S. Phartiyal, Addl. C.S.C. with Mr. Davesh Ghildiyal,
      Brief Holder for the State of Uttarakhand/respondent nos. 1, 2,
      6, 8 & 9, Mr. Sanjay Bhatt, Advocate for respondent nos. 3, 4,
      5, 7 & 10 and Mr. Sudhir Kumar, Advocate for respondent no.
      11)


                         JUDGMENT

Heard learned counsel for the parties through video conferencing.

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

3. Petitioner filed an election petition, which was subsequently withdrawn.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.

4. 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.

5. 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.

(MANOJ KUMAR TIWARI, J.) Navin