HIRDESH DEVI Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Petitioner was elected as "Pradhan" of Village Aurangabad, Tehsil and District Haridwar. She claims to be a member of Scheduled Caste community i.e. "Dhangar" and successfully contested the election of "Village Pradhan", Aurangabad. Thereafter, on a complaint made by some private individual, the Scrutiny Committee vide its order dated 01.10.2016 recommended to cancel the caste certificate of the petitioner and ultimately by the order dated 27.10.2016, the Scheduled Caste certificate of the petitioner was cancelled. This order was challenged by the petitioner before this Court in a writ petition being WPMS No.3106 of 2016. This Court vide its judgment and order dated 16.02.2018 allowed the said writ petition and set aside the orders dated 01.10.2016 and 27.10.2016.

(2.) Meanwhile, since on a complaint of some private individual, the Scheduled Caste certificate of the petitioner was cancelled, an enquiry was constituted and the petitioner was suspended by the District Magistrate, Haridwar by order dated 05.03.2017 pending final outcome of the enquiry. The petitioner challenged the suspension order dated 05.03.2017 before this Court in a writ petition and during the pendency of that writ petition, the District Magistrate removed the petitioner from the post of "Pradhan" vide order dated 27.11.2017, which is under challenge before this Court in the present writ petition.

(3.) Learned counsel for the petitioner submits that under Section 138 of the Act, powers have been given to the State Government to remove a member or office bearer of the three tier Panchayats. Section 138 of the Act reads as under:-