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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Manjunath Bhajantri – Appellant
Versus
Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual basis of the petition and election conduct. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions on maintainability and alternative remedies. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. analysis of jurisdictional issues and legal framework. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 4. conclusion on maintainability as w.p.(c). (Para 36 , 37 , 38 , 39 , 40) |
| 5. final order regarding case nomenclature. (Para 41 , 42) |
JUDGMENT :
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing the communique as contained in Memo no.100/ES-1/JKD- LA/01/2021 dated 06.12.2021 (Annexure-4 to the writ petition) issued under the signature of Principal Secretary, Election Commission of India (ECI)-respondent no.2, whereby the reply submitted by the petitioner to the show cause notice dated 03.11.2021 having not been found satisfactory, the State Government has been directed to initiate disciplinary proceeding for major penalty against the petitioner by issuing memo of charge against him with further direction to immediately remove him from the post of Deputy Commissioner-Cum-District Election Officer, Deo
The Election Commission's disciplinary authority over a Deputy Commissioner ends post-election results, rendering any subsequent directives invalid.
Administrative tribunals have exclusive jurisdiction over service matters, and bypassing them for adjudication in High Court is generally not permitted unless in exceptional circumstances.
Jurisdiction of courts except Supreme Court - It is not open for litigant to directly approach the High Court even in cases where vires of statutory legislation is challenged, by overlooking jurisdic....
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
High Courts cannot directly entertain service matters; such issues must first be addressed by the appropriate Administrative Tribunal as per the Administrative Tribunals Act.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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