Neelam Devi disqualified under Uttarakhand Panchayati Raj Act, 2016, for fabricating educational qualifications in her election nomination papers.
In a significant judgment, the Uttarakhand High Court has upheld the disqualification of Neelam Devi, an elected Pradhan from Gram Panchayat Khelpur Nasrullapur, District Haridwar, following allegations of false declaration of educational qualifications. The judgment was delivered by Justice Manoj Kumar Tiwari, who presided over the case brought against Devi under the provisions of the Uttarakhand Panchayati Raj Act, 2016.
The crux of the case revolved around Neelam Devi's claim of having passed the 8th standard from a school in District Gazipur, Uttar Pradesh, which upon investigation, was found to be non-existent. The inquiry, initiated by the Sub Divisional Magistrate of Bhagwanpur on receiving a complaint, revealed that the institution named by Devi did not exist as per records from the Assistant Director of Education (Basic), Varanasi Region, Uttar Pradesh.
In her defense, Neelam Devi submitted a letter from the Manager of Sri Bichhudan Nath Mahadev Uchttar Madhyamik Vidyalaya, claiming she studied at a Junior High School that operated from the same campus. However, the court found discrepancies in her claims. The Transfer Certificate provided by Devi was scrutinized and found to contain inconsistencies, such as references to the State of Uttarakhand before its formation in 2000, raising serious doubts about its authenticity.
Justice Tiwari noted that the evidence presented by the State Counsel was compelling. The court observed that the Transfer Certificate mentioned a residence in a non-existent State of Uttarakhand at the time of its purported issuance in 1996. Furthermore, it was highlighted that Devi's familial ties and upbringing were in Haridwar, making her claim of attending a distant school in Gazipur implausible.
The court also referred to previous judgments on similar issues, particularly citing the decision in WPMS No. 2291 of 2024, which addressed comparable legal questions. In alignment with this precedent, the court concluded that the evidence against Devi was substantial and upheld her disqualification under Section 8(1)(q) of the Uttarakhand Panchayati Raj Act, 2016.
This judgment underscores the judiciary's strict stance against fraudulent declarations in electoral processes, emphasizing the necessity for candidates to provide accurate and verifiable information in their nomination papers.
Bottom line:-
Disqualification of elected Pradhan under Uttarakhand Panchayati Raj Act, 2016 due to false declaration of educational qualifications in nomination papers.
Statutory provision(s):
Uttarakhand Panchayati Raj Act, 2016, Section 8(1)(q)
Neelam Devi v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2937060
