Smt. Shobha Devi vs State Of Uttarakhand And Others
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HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 327 of 2023
Smt. Shobha Devi                           .............Petitioner

                             Versus

State of Uttarakhand and others ...........Respondents

Present:-
             Mr. Rakesh Negi, Advocate for the petitioner.
             Mr. T.S. Partiyal, Additional Chief Standing Counsel
             for the State of Uttarakhand/respondents.



                          JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition has been made to

an order dated 18.01.2023, by which, the petitioner has

been required to tender her resignation as being ineligible

to be elected as a Village Pradhan on the ground that she

has three living children.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would

submit that the petitioner was elected as Village Pradhan

in the year 2019. At that time, she had two children. On

07.03.2021, she gave birth to her third child. Thereafter,

notice has been issued to her.

4. Learned counsel for the petitioner would

submit that Section 8 of the Uttarakhand Panchayati Raj

Act, 2016 does not permit removal of an elected Village

Pradhan on the ground that it only prescribes

disqualifications of membership of Gram Panchayat. One

of which is, "more than two living children". Therefore, it

is argued that the impugned notices are bad in the eyes of

law.

5. On the other hand, learned State counsel

would submit that the similar matter has already been

considered by this Court in Writ Petition (M/S) No.3505 of

2022, Rekha Devi vs. State of Uttarakhand and others

("the petition"). In the case of Rekha Devi (supra), this

Court held that if a Village Pradhan gives birth to a third

child after election, she becomes disqualified. This fact is

not disputed by the learned counsel for the petitioner.

6. Since, similar controversy has already been

decided by this Court in the petition, this Court does not

see any reason to take a different view in this matter.

Accordingly, this Court does not see any reason to make

interference in this petition. The petition deserves to be

dismissed at the stage of admission itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 11.08.2023 Sanjay