Govt can remove unqualified elected representatives: Uttarakhand HC

Dehradun: Uttarakhand high court has ruled that the state govt is legally empowered to remove elected representatives who do not fulfil prescribed qualifications, while hearing a public interest litigation seeking the removal of the gram pradhan of Halalpur village in Bajpur block of Udham Singh Nagar district for allegedly being below the minimum age required for the post.A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay heard the petition filed by Ankit Rana, who sought the gram pradhan’s removal through a writ of quo warranto. The plea alleged that the gram pradhan was below 21 years of age at the time of election, violating the mandatory eligibility criteria under the Panchayati Raj Act.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 govt with a representation. The HC directed the govt to take a prompt decision in accordance with the law after giving the concerned gram pradhan an opportunity to present their side.