WPMS/615/2021 of SURESH CHAND Vs STATE OF UTTARAKHAND
Parties
- WPMS/615/2021 of SURESH CHAND (PETITIONER)
- STATE OF UTTARAKHAND (RESPONDENT)
Full text
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ON THE 22[ND ]DAY OF MARCH, 2021 BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 615 of 2021
BETWEEN:
Shri Suresh Chand
...Petitioner
(By Mr. Ankit Shah, Advocate)
AND:
State of Uttarakhand & others
… Respondents
(By Mr. Vinod Nautiyal, learned Deputy Advocate General)
JUDGMENT
By means of this writ petition, petitioner
has sought following relief:-
(i) issue writ, order or direction in the nature of mandamus, commanding and directing the respondent authorities to conduct an inquiry about the genuineness of the educational Documents submitted by the respondent no. 3 in her election nomination, and further to take strict legal actions by ceasing her financial and administrative powers, and removing her from the post of Gram Pradhan, if the affidavit / documents submitted by the respondent no. 3 are found to be false /fabricated. nature of mandamus, commanding and directing the respondent authorities to conduct an inquiry about the genuineness of the educational Documents submitted by the respondent no. 3 in her election nomination, and further to take strict legal actions by ceasing her financial and administrative powers, and removing her from the post of Gram Pradhan, if the affidavit / documents submitted by the respondent no. 3 are found to be false /fabricated.
2. The contention of the petitioner is that respondent no. 3, who was elected as Gram Pradhan against seat reserved for OBC woman candidate,
does not possess junior High School qualification, which is mandatory as per statutory provision.
3. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to approach District Magistrate, Dehradun (respondent no. 2) by making representation. If such representation is made within three weeks from today, the District Magistrate, Dehradun shall look into the matter and take appropriate decision, in accordance with law, within period of six months from the date of production of certified copy of this order.
Aswal
(MANOJ KUMAR TIWARI, J.)