RASHIDA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was elected as Member, Gram Sabha, Village Hazara Grant, Block Ba-hadrabad, District Haridwar in the last panchayat elections held in 2022. A complaint was made by one Mr. Nadeem Ali on 25/11/2023 alleging that with her nomination paper filed before Returning Officer, petitioner filed an affidavit stating that she passed 8th Standard examination from SMA Junior High School, Gangalheri, Saharanpur (U.P.) in the year 2004, but as per the certificate issued by Principal of SMA Junior High School, petitioner never studied in the said school, thus petitioner is not educationally qualified for holding the office as Member, Gram Panchayat. An enquiry was ordered to look into the allegation made in the complaint and Nayab Tehsildar issued notice to petitioner, but petitioner did not participate in the enquiry despite notice and the Tehsildar, vide order dtd. 15/2/2025, declared petitioner as disqualified for being appointed as Member, Gram Panchayat for want of requisite educational qualification. Petitioner filed appeal against Tehsildar's order, which was dismissed by Sub Di-visional Magistrate, Haridwar, vide order dtd. 7/7/2025. Ultimately, Chief Development Officer, Haridwar passed order under Sec. 138(1)(d)(iii) of Uttarakhand Panchayati Raj Act, 2016 on 19/8/2025 declaring petitioner ineligi-ble for holding office as Member, Gram Panchayat, Ward No. 12. Petitioner has approached this Court challenging the orders passed by Nayab Tehsildar, Sub Divisional Magistrate and Chief Development Officer.

(2.) The Constitution of India, in Article 243-F, provides for disqualifications for membership, which is extracted below :

(3.) Sec. 8 of Uttarakhand Panchayati Raj Act, 2016 enumerates the grounds on which a person may be de-clared disqualified for being appointed as Pradhan, Up-Pradhan or Member of a Gram Panchayat. Sec. 8(1)(q) thereof provides that a person shall be disquali-fied for being appointed as a Pradhan, Up-Pradhan or Member of a Gram Panchayat, if he has not passed High School or equivalent examination from any recognized institution/Board, how-ever the minimum qualification re-quired in respect of women and mem-bers of Other Backward Classes/ Scheduled Caste/Scheduled Tribe would be Middle examination or Eight Standard.