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2022 Supreme(Jhk) 555

RAJESH SHANKAR
Kumar Nishant – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shashi Bhushan Kumar Manglam, Mr. H.K.Shikarwar, Mr. Manish Kumar, Mr. Niranjan Tiwary, Advocate
For the Respondent:Mr. Ashutosh Anand, Mr. Ashish Kumar Thakur, Mr. Sumeet Gadodia, Advocate

JUDGMENT :

The present writ petition has been filed for quashing order dated 06.05.2022 (Annexure-3 to the writ petition) passed by the State Election Commissioner, Jharkhand (the respondent no. 2), copy of which has been communicated to different authorities vide memo no. 1049 dated 06.05.2022 under the signature of the Secretary, State Election Commission, Jharkhand, Ranchi (the respondent no. 3) whereby the respondent no. 2 while exercising the power conferred under Section 66(5) of the Jharkhand Panchayat Raj Act, 2001 (in short the Act, 2001), has countermanded the election process of XVI, Ramgarh Zila Parishad Territorial Constituency No.5, Patratu (hereinafter to be referred as “the said constituency”) . Further prayer has been made for issuance of direction upon the Returning Officer (the respondent no.5) to declare the petitioner as a duly elected candidate of Zila Parishad from the said Constituency in view of the provisions as contained in rule 51(1) of the Jharkhand Panchayat Election Rules, 2001 (in short the “Rules, 2001”) as the petitioner was the only candidate who filed nomination for the said constituency which was found valid in scrutiny.

2. Learned counsel for the

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