WPMS/2101/2021
2021 Latest Caselaw 4008 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                    COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPMS No.2101 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. D.P. Mittal, Advocate for the petitioner. Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand.

The issue in the present writ petition relates to the de limitation of the boundaries of the village Panchayat, for the purposes of conducting the election of village Pradhan, as per the provisions contained under Uttarakhand Panchayat Raj Act 2016.

The power of de limitation has been exclusively vested with the State under Section 4 of the Act and once the decision has been taken by the State, after providing a right of objection to the persons likely or who may be affected, the said decision, ought not to be made a subject matter of judicial scrutiny in accordance with the principles laid down by the Hon'ble Apxe Court in the judgment of 1995 (Supl.) 2 Supreme Court Cases 305, State of U.P. & others vs. Pradhan Sangh Kshettra Samit and others.

In order to answer the said query, the counsel for the petitioner seeks two weeks time to go through the judgment and address the Court on the said issue and in the meantime, if so advised, the State Government may also file the counter affidavit to the writ petition.

(Sharad Kumar Sharma, J.) 04.10.2021 Arti