HC stays 2 candidates’ disqualification

{ AHEAD OF PANCHAYAT POLLS

- HT Correspondent

The Uttarakhand high court has stayed the disqualification of a candidate for the post of pradhan in Udvakhand gram panchayat in Tehri Garhwal district as well as another panchayat poll candidate from Tehri district.

In the first case, the gram pradhan candidate was barred from contesting the elections as her toilet was located 150 metres from her dwelling house.

The division bench of chief justice G Narendar and justice ‘Alok Mahra during a hearing on Wednesday found the Returning Officer's decision to be prima facie a “clear case of malfeasance” and an arbitrary exercise of authority.

The petitioner, Kusum Kothiyal, represented by counsel Abhijay Negi, challenged the disqualification, arguing that no copy of the complaint was provided to her, nor was she given an opportunity to explain before a local inquiry was ordered.

The matter pertained to a complaint alleging that the petitioner had no toilet at her house. A local inspection by the village panchayat development officer confirmed that a toilet was constructed, but noted its distance from the dwelling was 150 metres.

The high court observed that photographs also clearly demonstrated the presence of the toilet. It noted in its order, “A perusal of the photographs also clearly demonstrates the presence of the toilet. In that view, the order impugned, prima facie, appears to be a clear case of malfeasance, where the authority has sought to exercise its authority in an arbitrary and mala fide manner, probably in order to enable the election of a favoured candidate. The election being to the post of Pradhan, the Returning Officer appears to have exceeded his power, in attempting to interpret clause (b) of subsection (3) of Section 8 of the Uttarakhand Panchayati Raj Act, 2016.”