HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.2586 (M/S) of 2025 Smt. Kalpana Devi ………Petitioner Versus Priyanka and others ………Respondents Mr. Vikas Bahuguna, Advocate for the petitioner. Mr. Niranjan Bhatt with Mr. Nivesh Bahuguna, Advocates for respondent no.1. Mr. Sanjay Bhatt, Advocate for respondent nos.2 & 3. Hon'ble Pankaj Purohit, J. (Oral) By means of the present writ petition, the petitioner has put to challenge the order dated 28.08.2025 (Annexure-9), whereby, the stay application (Paper no.14C- 2) filed by respondent no.1 along with the Election Petition bearing Election Petition No.14/2025, Smt. Priyanka vs. Smt. Kalpana Devi and others, has been allowed by the Court below by granting ex parte ad interim stay order restraining the petitioner from subscribing the oath on post of Kshetra Panchayat Member, Ward No.25, Bichhu, Block Jaunpur, District Tehri Garhwal, till the next date of listing i.e. 11.09.2025. 2. It is contended by learned counsel for the petitioner that petitioner has contested the election of the Kshetra Panchayat Member from Ward No.25, Bichhu, Block Jaunpur, District Tehri Garhwal. She won the election. The election petition has been filed by respondent no.1 against the petitioner on the ground that the petitioner’s name is enrolled in the electoral roles of Municipality, Mussoorrie as well as Gram Sabha, Village Dwargarh, Block Jaunpur, District Tehri Garhwal. 1 3. It is contended by learned counsel for the petitioner that ex parte ad interim stay order was passed without hearing the counsel for the petitioner and the date is fixed on 11.09.2025. It is further contended by learned counsel for the petitioner that the petitioner has already got her name struck-off from the electoral role of Municipality, Mussorrie on 01.07.2025 i.e. one day prior to the date of filing of nomination, and therefore, interim order should not have been granted. 4. Learned counsel for the petitioner submits that the petitioner would appear before the learned Election Tribunal/District Judge, Tehri Garhwal on the date fixed on 11.09.2025, and on that date, the stay application will be decided. 5. After arguing at length, the learned counsel for the petitioner wants to dispose off the present writ petition with liberty reserved to him to appear before the Election Tribunal/ District Judge, Tehri Garhwal on 11.09.2025. If the petitioner appears before the said authority, the said authority shall decide the interim relief application on the basis of the facts of the case, in accordance with law, expeditiously and not later than seven days from the date of production of certified copy of this order. 6. The writ petition is, accordingly, disposed off. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 02.09.2025 Ravi 2