2025:UHC:7834 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2583/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. J.C. Karnatak, Advocate for the petitioner. Mr. Ganesh Kandpal, Deputy Advocate General with Mr. Suyash Pant, Standing Counsel for the State. Mr. Sanjay Bhatt, Advocate for respondent Nos. 2, 4 and 6. 2. Petitioner contested election for the office of Gram Pradhan of Gaon Sabha Ojha Talla, Tehsil Didihaat, Knalicheena, District Pithoragarh; however, respondent No. 7 was declared elected and petitioner lost the election. 3. In this writ petition, issue raised is that since respondent No. 7 is also registered as voter in Nagar Palika, Khatima, therefore she cannot be elected as Pradhan from a Gaon Sabha in Tehsil Didihaat, Knalicheena. 4. By means of this writ petition, petitioner has sought the following reliefs: “I. Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondent No.5 to pass an appropriate order on the representation/complaint moved by petitioner on 05-08-2025 (Annexure No.3) in view of provisions of the Uttarakhand Panchayat Raj Act 2016 (as amended) within the stipulated period fixed by this Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondent Nos.1 to 6 to conduct an enquiry 2025:UHC:7834 with respect to name of respondent no.7 in dual electoral of a Village Panchayat as well as Nagar Palika Parishad and thereafter to remove her from the post of Pradhan of Village Panchayat Ojha Talla, Tehsil Didihaat, Development Block Knalicheena, District Pithoragarh in view of provisions of the Uttarakhand Panchayat Raj Act 2016 (as amended).” 5. Learned State Counsel refers to Article 243-O (b) of Constitution of India, which reads as under: “(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.” 6. In view of the constitutional provision under Article 243-O (b), referred to above, this Court do not find any reason to interfere in the matter. 7. After declaration of result of the election, only remedy available to a defeated candidate is to approach Election Tribunal by filing election petition, on the grounds enumerated in the Legislation. 8. Thus, there is no scope for interference in the matter. The Writ Petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 03.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.05 12:53:24 +05'30'