JULFANA Vs. PRESCRIBED AUTHORITY/SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has challenged the impugned order dtd. 16/11/2024 passed by the Prescribed Authority/ Sub Divisional Magistrate, Roorkee, District Haridwar, whereby the petitioner Smt. Julfana, was declared disqualified for holding the post of "Pradhan Gram Sabha Halwaheri, Block and Tehsil Roorkee, District Haridwar".

(2.) It is contended by the learned counsel for the petitioner that the petitioner was an elected "Pradhan" of aforesaid Gram Sabha, and she was declared elected on 28/9/2022. Election petition has also been filed by the respondent no.3, before the Prescribed Authority and the same was got dismissed as time barred by the Prescribed Authority vide order dtd. 14/10/2024. It is further submitted by the learned counsel for the petitioner while dismissing the election petition as time barred, the learned Prescribed Authority/ SDM, Roorkee, has nominated ASDM Roorkee, to inquire into the allegation of disqualification against the petitioner in respect of 3rd child born to the "Pradhan" and her educational qualification.

(3.) The inquiry was conducted by the ASDM, Roorkee as per direction issued by the Prescribed Authority vide order dtd. 14/10/2024, but at the same time before the order dtd. 14/10/2024, respondent no.3 - Abdul Haleem, has preferred a com plaint on 10/10/2024, alleging disqualification to the petitioner as contemplated under Sec. 8 (r) of the Uttarakhand Panchayati Raj Act, 2016 (in short "The Act").