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2025 DAILYLAW 9567 (UTT)

SHAMA v. SHIVANI KASHYAP

WPMS/2274/2025 · 2025-07-31

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6716 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2274/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Parikshit Saini, Advocate, for the petitioner. Mr. Vishal Kumar Nautiyal, Advocate, i/b Mr. Akshay Pradhan, Advocate for the caveator. (2) Petitioner was elected as Gram Pradhan, however, in an election petition filed by respondent no. 1, her election was set aside. Petitioner has filed revision before learned District Judge, Haridwar and the same was transferred to Additional District Judge, Laksar. In the said revision, Additional District Judge, Laksar issued notice to respondents, fixing 13.8.2025, however the prayer for interim relief made by the petitioner was not considered. Thus feeling aggrieved, petitioner has approached this Court for protection. (3) It is contended that if petitioner is divested of the charge of Gram Pradhan on account of non-consideration of interim relief application filed along with revision, the very purpose of filing the revision would be defeated. Learned Counsel for the petitioner submits that revisional court be directed to expedite hearing of the revision and till then petitioner be protected. (4) Mr. Vishal Kumar Nautiyal, learned Counsel appearing for the respondent no. 1, submits that charge 2025:UHC:6716 has been taken from the petitioner, which statement has been disputed by Mr. Parikshit Saini, learned Counsel appearing for the petitioner. (5) Be that as it may, since petitioner’s revision is pending before Additional District Judge, Laksar and the next date fixed in that case is 13.8.2025, therefore, writ petition is disposed of by directing the revisional court to consider petitioner’s prayer for interim relief on the next date of hearing i.e. 13.8.2025. If, for any reason, it is not possible to do so on the said date, then interim relief application filed by the petitioner shall be considered on any other date within two weeks thereafter. (6) Till disposal of interim relief application filed by petitioner, there shall be status quo qua the charge of O/o Gram Pradhan of the concerned village panchayat. (Manoj Kumar Tiwari, J.) 31.7.2025 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab19 8d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.01 09:41:14 +05'30' 2025:UHC:6716