KHADAK BAHADUR CHAND RAJAN v. STATE OF UTTARAKHAND
WPMS/3290/2025 · 2025-11-27
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17007 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17007 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10556 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PMS 3 2 9 0 / 2 0 2 5
Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. P.S. Dham i, Advocate, for the petitioner.
Mr. Suyash Pant, Standing Counsel, for the State.
Mr. Devashish Rana, Advocate, i/ b Mr. Sanjay Bhatt, Advocate for the respondent no. 2.
(2) According to petitioner, respondent no. 5, who is elected as Gram Pradhan in the last elections held in July 2025, is registered as voter in Gram Panchayat Kharku Bhalya, District Pithoragarh and also in Ward No. 5, Nagar Nigam, Pithoragarh, which, according to petitioner, is a disqualification.
(3) Learned State Counsel submits that there is no provision in Uttarakhand Panchayati Raj Act which can be invoked for setting aside election of respondent no. 5. He further submits that if petitioner has any grievance against election of respondent no. 5, then he could have made representation to the District Magistrate.
(4) This Court finds substance in the said subm ission. Without approaching the District Magistrate, petitioner has directly approached this Court. Accordingly, writ petition is disposed of with liberty to petitioner to make representation to District Magistrate concerned. If he makes representation within two weeks from today, decision thereupon shall be taken within six months thereafter.
2025:UHC:10556 (5) It goes without saying that respondent no. 5 and other stakeholders shall also be heard before taking any decision in the matter.
( Man oj Ku m ar Tiw ar i, J.)
2 7 .1 1 .2 0 2 5 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: 2025.11.27 17:21:39 +05'30'