The Uttarakhand High Court has disposed of a public interest litigation (PIL) that sought the removal of the gram pradhan of Halalpur village in the Bajpur development block of Udham Singh Nagar district, on grounds of the pradhan being below the prescribed minimum age for the post.
Court's observation on legal authority
A division bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay, while hearing the matter, clarified that the state government is legally empowered to remove elected representatives who do not fulfill the prescribed qualifications under the law.
Petitioner's arguments
The petitioner, Ankit Rana, sought the removal of the gram pradhan through a writ of quo warranto. The petition alleged that at the time of the election, the gram pradhan was below 21 years of age, which is a mandatory qualification under the Panchayati Raj Act. The petitioner's counsel argued that upon being found disqualified under Section 138(1) of the Uttarakhand Panchayati Raj Act, 2016, the elected representative should be removed from the post.
Court's decision
During the hearing, the court disposed of the matter instead of keeping it pending. The court granted the petitioner the liberty to present his case before the state government. The High Court directed that if such a representation is submitted by the petitioner, the government shall, after giving the concerned gram pradhan a due opportunity to present their side, take a prompt decision in accordance with the law.
