Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 10099 (UTT)

MUKESH SINGH DOBHAL v. STATE OF UTTARAKHAND

WPMS/2397/2025 · 2025-08-26

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7537 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2397/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Chandra, Advocate, for the petitioner. Mr. Rajeev Singh Bisht, Additional CSC, for the State. Mr. Sanjay Bhatt, Advocate, for the respondent no. 2 and 3. (2) Respondent no. 7 got elected to the O/o Gram Pradhan in the month of July, 2025 and petitioner lost in that election by 8 votes. By means of this writ petition, petitioner has sought the following reliefs: “i. Issue an appropriate writ, order or direction in the nature of certiorari quashing the result of Village Pradhan of Gram Panchayat Jyuliyakhet, Block Gangolihaat, District Pithoragarh (Annexure No. 4 to the Writ Petition). ii. Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to re-declare the results of Village Pradhan of Gram Panchayat Jyuliyakhet, Block Gangolihaat, District Pithoragarh (Annexure No. 4 to the Writ Petition) by recounting of votes.” (3) Learned Counsel for the petitioner submits that as many as 16 votes were cancelled on technical grounds and had those votes not been rejected, the final result of the election would have been different and petitioner would have been elected. (4) Be that as it may, the relief sought by the petitioner cannot be 2025:UHC:7537 granted by this Court in a writ petition. The only forum available for seeking such relief is Election Tribunal constituted under Section 131H of Uttarakhand Panchayati Raj Act, 2016. (5) Writ petition is, accordingly, dismissed with liberty to the petitioner to approach the appropriate forum. (Manoj Kumar Tiwari, J.) 26.8.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.26 17:22:55 +05'30' 2025:UHC:7537