Dehradun: The Uttarakhand High Court has ruled that the state government is legally empowered to remove elected representatives who do not fulfil prescribed qualifications. This decision came while the court was hearing a public interest litigation (PIL) seeking the removal of the gram pradhan of Halalpur village in Bajpur block of Udham Singh Nagar district. The petitioner alleged that the gram pradhan was below the minimum age required for the post.
Court Proceedings
A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay heard the petition filed by Ankit Rana. The petitioner sought the gram pradhan’s removal through a writ of quo warranto. The plea claimed that at the time of the election, the gram pradhan was below 21 years of age, thereby violating the mandatory eligibility criteria under the Panchayati Raj Act.
Arguments and Disposal
The petitioner’s counsel argued that once disqualified under section 138(1) of the Uttarakhand Panchayati Raj Act, 2016, the elected representative should be removed from office. Disposing of the matter on Friday, the court granted the petitioner liberty to approach the state government with a representation. The High Court directed the government to take a prompt decision in accordance with the law after giving the concerned gram pradhan an opportunity to present their side.
This ruling reinforces the legal framework ensuring that elected representatives in local bodies adhere to prescribed qualifications, thereby upholding the integrity of the electoral process in the state.
