Uttarakhand High Court
WPMS/3055/2024 on 13 November, 2024
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2024:UHC:8451
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS No.3055 of 2024
Hon'ble Manoj Kumar Tiwari, A.C.J.
Mr. Piyush Garg, Advocate for the
petitioner.
Mr. Sanjay Bhatt, Advocate for
respondent no.1.
Mr. Siddhartha Singh, Advocate for
respondent nos.2 to 5.
2. Petitioner was elected as Gram
Pradhan of Village Kishanpur Jamalpur,
Block & Tehsil Roorkee, District
Haridwar. His election was challenged by
one of the candidate, who lost in the
election, in an Election Petition. The
Election Petition was allowed by Sub-
Divisional Magistrate/Prescribed
Authority, Roorkee vide judgment dated
23.10.2024. Petitioner filed Revision
Petition against the said judgment before
the District Judge, Haridwar, under
Section 131(6) of Uttarakhand
Panchayati Raj Act, 2016. The Revision
Petition was within time and it came up
before the Revisional Court for
preliminary hearing, on 05.11.2024.
Learned District Judge admitted the
Revision Petition and transferred it to the
Court of Additional District Judge,
Roorkee and fixed the next date, as
08.11.2024.
3. Learned counsel for the parties
submit that the next date fixed in the
matter was 12.11.2024 and, thereafter,
16.11.2024 is fixed in the matter.
4. Grievance raised by the petitioner is
that the Revisional Court has not
2024:UHC:8451
considered the prayer for interim relief
made by petitioner alongwith Revision
Petition. Learned counsel for the
petitioner submits that the purpose of
filing Revision Petition would frustrate, if
protection is not granted to petitioner.
5. Learned counsel for the respondent
no.1, however, submits that charge of
office of Gram Pradhan has been taken
from the petitioner on 06.11.2024 and
the same has been handed over to Up-
Gram Pradhan.
6. This submission, however, is
objected by learned counsel for the
petitioner, who submits that this is not
true and petitioner still holds the charge
of Gram Pradhan of the said village.
7. Be that as it may, since the
Revision Petition is posted before the
Revisional Court i.e. Ist Additional
District Judge, Roorkee, on 16.11.2024,
therefore, the writ petition is disposed of
with a request to Court concerned to
consider petitioner's interim relief
application alongwith other pending
applications, if any, on the next date
fixed i.e. 16.11.2024.
8. Till 16.11.2024, status quo, as on
today, regarding the charge of the post
of concerned Gram Pradhan, shall be
maintained. The prayer for interim relief
made by petitioner shall be considered
untrammelled by any observation made
in this order.
(Manoj Kumar Tiwari, A.C.J.)
13.11.2024
Arpan
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
ARPAN JAISWAL
UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73
93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446
351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2024.11.13 19:12:45 +05'30'
