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2022 Supreme(Jhk) 1148

RAJESH SHANKAR
Jimedar Singh – Appellant
Versus
State of Jharkhand, through the Chief Secretary, Ranchi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Navin Kumar.
For the Respondents: Ms. Surabhi, A.C. to A.A.G.-II, Mr. Sumeet Gadodia.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents, particularly, the respondent No.2 and the respondent No.5 to reject the election form/candidature of the respondent No.7 for the post of Mukhiya of Panchayat-Chete, Block-Ramkanda, District-Garhwa in the 3-Tier General Panchayat Election, 2022 as well as to cancel his election on the said post on the ground that his proposer, namely, Kamlesh Kumar Yadav was working as an Assistant Teacher in upgraded Middle School, Chete despite being a government servant and had also campaigned openly in favour of the respondent No.7 for which an FIR was also lodged against him by the respondent No.5. Further prayer has been made for issuance of direction upon the respondent Nos. 3 & 5 to declare the petitioner as the Mukhiya of the said Panchayat in place of the respondent No.7 as the petitioner had got second highest votes being a contesting candidate of Mukhiya in the said election.

2. Learned counsel for the petitioner submits that the State Election Commission, Jharkhand vide its Notification No. 154/2022, Ranchi dated 09.04.2022, notified the 3-Tier General Panchayat Election, 2022 for different

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