SOUNINDER SINGH HOODA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) RAJEEV Gupta, C. J. Mr. Tribhuwan Phartiyal, Advocate for the petitioner. Mr. J. P. Joshi, Addl. Chief Standing Counsel for respondents Nos. 1 & 2. Mr. Paresh Tripathi, Advocate for re spondent No. 3. They are heard.

(2.) PETITIONER Souninder Singh Hooda, a member of Zila Panchayat, Udham Singh Nagar, has filed this writ petition for the following reliefs : "i) issue, a writ order or direction in the nature of mandamus com manding and directing the re spondents not to permit the hus bands or relatives of the ladies members to participate and rep resenting in the Zila. Panchayat meeting proceeding. II) issue, a suitable writ order or direc tion in the nature which this Hon'ble Court may deem fit and proper in the circumstances of the case. Ill) Award the cost of the petition. "

(3.) IN the counter affidavit filed on behalf of respondents Nos. 1 & 2, para 3a reads as follows : "3. That before giving parawise reply to the writ petition, it is pertinent to bring some relevant facts of the case for deciding the main controversy in volved in the instant writ petition, which are as under :- A. That in the meeting of Zila Panchayat, Udham Singh Nagar, no one member accept elected member of Zila Panchayat including the Kshettra Panchayat, Pramukh and nominee of Minister to participate in the meeting are allowed nor any hus band or relatives of any family mem bers of Zila Panchayat are allowed in their personal capacity, the husband of Chairman of Zila Panchayat is the nominated / authorized member of Hon'ble Health Minister, Sri Tilak Raj Beher and as per rule, the nominee of the Minister can participate in the meeting only and as such, in view of the above stated facts, the writ petition has been filed by the petitioner with out any cause of action, hence liable to be dismissed on this ground only. "