Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7707 (UTT)

PAVAN KUMAR v. PARAMJEET KAUR

SPA/131/2025 · 2025-06-19

Alok Mahra, G Narendar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5128-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA SPECIAL APPEAL No. 131 OF 2025 19th June, 2025 Pawan Kumar …… Appellant Versus Paramjeet Kaur and Others …… Respondents Presence:- Mr. Bhuwan Bhatt, learned counsel for the appellant. Mr. C.S. Rawat, learned Chief Standing Counsel, alongwith Mr. P.C. Bisht, learned Additional Chief Standing Counsel and Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State. Mr. S.K. Mandal, learned counsel for the respondent no. 1. --------------------------------------------------------------------- JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard the learned counsel for the appellant, learned Chief Standing Counsel and the learned counsel for the respondent no. 1. 2. The intra-court appeal is directed against the interim order passed by the learned Single Judge, while considering WPSS No. 1148 of 2025. 1 2025:UHC:5128-DB 3. The issue, that was canvassed before the learned Single Judge, is the eligibility of the petitioner to hold the office of Gram Pradhan. 4. The appellant is the complainant and, on the complaint, the official respondents have initiated an inquiry and, thereafter, proceeded to pass an order, holding that the elected representative was ineligible to hold the office, as the elected representative did not possess the prescribed educational qualification. 5. The very same issue is seized of by the learned Single Judge. The determination of the appeal would require this Bench to go into the very same issue and determine as to whether the petitioner possesses the eligibility criteria or is ineligible to hold the office. 6. The issue now being seized of and lying before the learned Single Judge, any hearing or observations would pre-empt and render the hearing of the writ petition itself infructuous. 7. In that view of the matter, we request the learned Single Judge to expedite the hearing of the writ petition, as the petition involves question of 2 2025:UHC:5128-DB eligibility of the elected Gram Pradhan to hold the office of Gram Pradhan. 8. The writ appeal stands ordered accordingly. 9. Copy of this order be placed in the file of the writ petition. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 19th June, 2025 Ujjwal 3