REKHA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this writ petition, the petitioner being elected as Pradhan of Gram Panchayat of Village Seltachapad, Block Lamgada, District Almora has prayed for the following reliefs:

(2.) This is in fact this is the second journey of the petitioner to this Court. Her first application WPMS No. 2153 of 2022 was considered in merit and was disposed of by passing the following order:

(3.) The facts of the case are not disputed. In the month of September, 2019, the Election Commission of Uttarakhand issued notification for a three tier Panchayat Election in the district of Almora, in which the petitioner participated for the post of Pradhan of the aforesaid Gram Panchayat. She was elected unopposed. At that time, she was qualified and she had two children; however, on 1/3/2022, a third child, namely, Km. Gunjan was born to the petitioner and her husband. On 27/4/2022, Ummed Singh filed a complaint against the present petitioner. On 7/5/2022, the DPRO, Almora directed the ADO (Panchayat), to enquire into the complaint. In the meantime, by virtue of two orders of 9/6/2017 and 17/12/2020, the State Government in exercise of the powers conferred upon it under Sec. 146 read with Sec. 185 of the Act delegated its power under Sec. 138 of the Act to the District Magistrate. Such delegation of power was later on modified on 17/12/2020. On 17/5/2022, the ADO (Panchayat), Lamgada submitted its report to the DPRO, Almora. The DPRO, Almora issued notice to the petitioner to resign from the post of Pradhan and subsequently on 2/7/2022, a reminder was sent.