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2025 DAILYLAW 14932 (UTT)

BASANTI DEVI v. STATE OF UTTARAKHAND

WPMS/3108/2025 · 2025-11-12

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9974 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 3108 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Birendra Singh Adhikari, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 3. Petitioner was elected as Pradhan of Gram Panchayat Akoda Khurd, District Haridwar in the last election held in 2022. She has been suspended by the District Magistrate, vide order dated 17.10.2025 on the charge that she failed to provide the relevant record. Thus, feeling aggrieved by the suspension order, petitioner has approached this Court. 4. Learned State Counsel submits that the petitioner has been suspended pending inquiry and the suspension would be revoked if petitioner is found innocent in the pending inquiry. Learned State Counsel further submits that suspension is no punishment in the eyes of law. 5. Learned counsel for the petitioner, however, submits that the power to suspend is available only to the State Government and not to the District Magistrate. Learned counsel for the petitioner contends that one of the charge for which petitioner was 2025:UHC:9974 suspended is substandard quality of road constructed in the village; he submits that petitioner is re-constructed the road from her own expenses, yet she has been put under suspension. 6. Learned State Counsel, in reply to the statement made by learned counsel for the petitioner that District Magistrate is not competent to exercise the power of suspension under Section 138 of Uttarakhand Panchayati Raj Act, relies upon Government Order dated 17.12.2020, whereby the power available to State Government under Section 138 of the Act were delegated to District Magistrate. 7. This Court is not inclined to interfere with the suspension order at this stage, when inquiry against the petitioner is pending. 8. Since petitioner has made a representation to the District Magistrate on 21.10.2025, for revocation of suspension order, therefore, the writ petition is disposed of with direction to the District Magistrate to consider the said representation, as per law, within six weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 12.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb904 6f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.11.13 10:01:26 +05'30'