Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7849 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2344/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dinesh Kumar Tyagi, Advocate for the petitioner. Mr. Ganesh Dutt Kandpal, Deputy Advocate General assisted by Mr. Dinesh Bankoti, Brief Holder for the State. Mr. Sanjay Bhatt, Advocate for respondent No. 2.
2. Petitioner contested election for the office of Gram Pradhan of Village Manarsa, Block Ramgarh, Tehsil ShriKaichhi Dham, District Nainital, she lost in that election and respondent No. 4 was declared elected. In this writ petition, petitioner has sought following relief:
“Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 to recount the votes issued for the election of Gram Pradhan in Village Manarsa, Block Ramgarh, Tehsil Shri Kaichhi Dham, District Nainital under observation of this Hon’ble High Court within stipulated period.”
3. Learned State Counsel refers to Article 243-O (b) of Constitution of India and Section 131-H of Uttarakhand Panchayati Raj Act, 2016, for contending that writ petition is not maintainable and the only remedy available to petitioner is to approach the Election Tribunal constituted under the provisions of Uttarakhand Panchayati Raj Act, 2016.
2025:UHC:7849
4. In view of the express bar prescribed by Article 243-O(b) of the Constitution, this Court declines to entertain the writ petition.
5. Accordingly, writ petition is dismissed with liberty to petitioner to approach appropriate forum.
(Manoj Kumar Tiwari, J.) 03.09.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b 08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9 EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.05 12:51:37 +05'30'