The powers under Section 580 and Section 18(2) of the Jharkhand Municipal Act, 2011 operate parallel and independent of each other.

JUDGMENT :

Learned counsel for the petitioner is permitted to change the nomenclature of the respondent no. 6 as “Barika Munda”. The present writ petition has been filed for quashing letter no. 627 dated 19.02.2021 (Annexure-3 to the writ petition) issued by the respondent no. 2 – Additional Secretary-cum-Inquiry Officer, Urban Development and Housing Department, Government of Jharkhand as, according to the petitioner, the same is without jurisdiction keeping in view the letter no. 83/Pan. dated 20.02.2020 (Annexure-2 to the writ petition) issued by the respondent no. 4, wherein it has been clearly observed that the petitioner may file an election petition under Section 580 of the Jharkhand Municipal Act, 2011 (hereinafter referred to as “the Act, 2011”) in the court of Munsiff, Khunti.

2. Learned counsel for the petitioner submits that the impugned letter dated 19.02.2021 issued by the respondent no. 2 is completely without jurisdiction as any matter with respect to disqualification of the Ward Councillor has to be raised by way of filing an election petition under Section 580 of the Act, 2011 on the grounds mentioned in Section 584 of the said Act. Learned counsel for the petitioner refers to letter dated 20.02.2020 issued by the respondent no. 4 and submits that on a complaint filed by the respondent no. 6 for taking appropriate action against the petitioner with respect to allegedly furnishing false information in his nomination form, the respondent no. 4 informed the respondent no. 6 vide the said letter that for disposal of the matter raised by him, he may prefer an election petition under Section 580 of the Act, 2011 in the court of Munsiff, Khunti, which is the competent authority to hear the same. It is thus submitted by learned counsel for the petitioner that if at all the respondent no. 6 is aggrieved with election of the petitioner as Ward Councillor, Ward No. 5, Khunti Nagar Panchayat in Municipal Election – 2018, he should file an election petition under Section 580 of the said Act instead of filing a complaint before the respondent no. 2 in pursuance of which the impugned letter dated 19.02.2021 has been issued to the petitioner directing him to appear before him on 26.02.2021 at 1:00 p.m. Learned counsel for the petitioner, on instruction, submits that no effective step has been taken by the respondent no. 2 in the matter subsequent to issuance of the letter dated 19.02.2021.

3. Mr. Nehru Mahto, AC to GP-IV appearing on behalf of the State respondents, submits that the issue with respect to exercise of powers under Section 18(2) and Section 580 of the Act, 2011 has already been set at rest by this Court holding inter alia that both the powers operate parallel and independent to each other. Hence, issuance of letter dated 19.02.2021 by the respondent no. 2 to the petitioner is legal and justified.

4. Heard learned counsel for the parties and perused the content of the writ petition. The issue raised in the present writ petition first fell for consideration of this Court in the case of “Md. Aftab Ansari Vs. The State Election Commission, Jharkhand & Ors.” reported in 2018 (2) JBCJ 453, wherein it was held as under:

“13. Both Section 18 and 584 of the Act, 2011 speak that if it is found that the elected member is guilty of corrupt practice, then he may be declared disqualified but for the disqualification enumerated in Section 18, the power has been conferred to the State Election Commission under sub-section 2 of section 18 itself which contains non-obstante clause. Thus, it cannot be said that question as to the disqualification can only be determined by the Munsif or Sub-Judge as the case may be. The basic distinction between Section 580 and section 18(2) of the Act, 2011 is that the State Election Commission while exercising power under Section 18(2) of the Act, 2011 can declare a person, before or after the election is conducted, as disqualified on the conditions enumerated in sub-section(1) of Section 18 of the A