WPMS/703/2024
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Uttarakhand High Court

WPMS/703/2024 on 20 March, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 703 of 2024
                                  Hon'ble Manoj Kumar Tiwari, J.

(1) Mr. P.C. Pethshali, learned counsel for the petitioner.

(2) Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.

(3) Petitioner was elected as Pradhan of Gram Panchayat of Village Hudoli, Vikas Khand Purola, District Uttarakashi in the year 2019. After more than 2½ years of her election as Pradhan, petitioner was blessed with a male child on 02.09.2022.

(4) Petitioner was removed from the Office of Gram Pradhan vide order dated 02.03.2024 passed by District Magistrate, Uttarkashi by invoking Section 138(1)(d)(iii) read with Section 8(1)(r) of Uttarakhand Panchayati Raj Act, 2016. Thus, feeling aggrieved by her removal from the Office, petitioner filed this writ petition challenging the removal order.

(5) Learned State Counsel has relied upon judgment dated 07.01.2023 rendered in WPMS No. 3505 of 2022, where similar question was decided. Heavy reliance is placed upon para 19 & 20 of the said judgment, which are extracted below:-

"19. Learned counsels' argument is also fallacious in the sense that if the legislature intended to introduce the Rule of two children as a policy for any person to represent a Gram Panchayat for the purpose of promoting family planning, it can be interpreted that after being elected she can go on giving birth to more than two children. Hence, this court is not impressed by the arguments.

20. In that view of the matter, there appears to be no merit in application. Hence, is dismissed in limine with a cost of Rs. 5,000/- imposed upon the petitioner to be paid to the High Court Bar Association Welfare Fund, Nainital, within a period of 7 days. If it is not paid within 7 days, the same shall be recovered from the petitioner as land revenue."

(6) Upon perusal of the judgment dated 07.01.2023, rendered in the aforesaid case, this Court is satisfied that the issue involved in the present writ petition is identical to the one, involved in the aforesaid writ petition.

(7) Accordingly, writ petition is dismissed. No order as to costs.

(Manoj Kumar Tiwari, J.) 20.03.2024 Aswal