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 posts in four stages between 14.05.2022 and 27.05.2022. Pursuant to the said notification, the petitioner along with two others including the respondent No.7 filled the nomination forms for the post of Mukhiya of Panchayat-Chete under Block-Ramkanda, District-Garhwa. The petitioner came to know that the proposer of the respondent No.7 was one Kamlesh Kumar Yadav, who was a government servant working as an Assistant Teacher in upgraded Middle School, Chete and hence the petitioner filed a complaint before the respondent No.5 for cancellation of the nomination form of the respondent No.7 as the law does not permit that any government official can be a proposer of any candidate contesting the election for the post of Mukhiya. On 26.04.2022, the petitioner orally inquired from the respondent No.5 about the status of his complaint whereupon he was informed that the same was forwarded to the respondent No.2 seeking guidelines in the said matter and any action would be taken against the respondent No.7 only after receiving the guidelines/directions of the said respondent. On the one hand, no action was taken on the complaint of the petitioner and on the other hand, an FIR was lodged against said Kamlesh Kumar Yadav by the respondent No.5 on 05.05.2022 making almost the same allegations as levelled by the petitioner against the respondent No.7. Despite lodging of the said FIR, the respondent Nos. 3 & 5 continued with the election process and after voting, the respondent No.7 was declared successful by the State Election Commission at Ranchi on 17.05.2022. Thereafter, the petitioner submitted a detailed representation in the office of the State Election Commission, Ranchi on 19.05.2022, however, till date the authorities of the State Election Commission have been sitting tight over the matter.

3. Learned counsel for the respondent Nos. 1 to 5 as well as the respondent No.6 raise preliminary objection with regard to maintainability of the present writ petition in view of availability of alternative/statutory/efficacious remedy of preferring an election petition under the Jharkhand Panchayat Raj Act, 2001 [hereinafter referred to as ‘the Act, 2001’] for redressal of the petitioner’s grievance. It is further submitted that the petitioner has raised factual dispute before this Court which cannot be adjudicated in the writ jurisdiction.

4. Heard learned counsel for the parties and perused the relevant materials available on record. The claim of the petitioner is that the election of the respondent No.7 as Mukhiya of Panchayat-Chete under Block-Ramkanda, District-Garhwa is void as his proposer in the nomination form was a government servant which is not permissible in law. It is further claimed that the said government servant had also made campaign in favour of the