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2018 Supreme(Jhk) 1314

RAJESH SHANKAR
Rita Devi – Appellant
Versus
State of Jharkhand, through the Secretary, Panchayati Raj, Government of Jharkhand, Dhurwa, Ranchi – Respondent


Advocates Appeared:
For the Petitioner:M/s. Kalyan Roy and Arvind Kumar Choudhary, Advocates
For the State : A.C. to S.C.II
For the Respondent:Mr. Sumeet Gadodia, Mr. Prashant Pallav, Advocate

JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 04.10.2017 passed by the Sub Divisional Officer, Deoghar- respondent no.4, whereby the Election Petition No.4 of 2016 filed by the respondent no.6 (Soni Kumari) has been allowed and the petitioner has been declared ineligible under section 152(1)(Gha)(i) of the Jharkhand Panchayati Raj Act, 2001 (in short ‘the Act, 2001’).

2. The factual background of the case as stated in the writ petition is that the petitioner alongwith respondent nos.6 to 11 had contested the election for the post of Mukhiya of Mednidih Panchayat, P.S. Mohanpur, District Deoghar held on 22.11.2015. The petitioner was declared successful in the said election. The respondent no.6 challenged the notification declaring the result of the petitioner as Mukhiya of Mednidih Panchayat under Sections 151, 152 and 153 of the Act, 2001 before the respondent no.4, which was registered as Misc. Petition (Election Petition) No.4/2016. The said election petition was finally allowed and the petitioner was declared ineligible on the ground that her name was not in the voter list of panchayat election.

3. The learned counsel for the petitioner submit






















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