IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No.2196 of 2022

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1. Babita Devi

2. Kiran Devi

.......... Petitioners.

-Versus-

1. The State Election Commission, through Secretary, State Election

Commission, near Gayatri Mandir, Old OPD, HEC Colony, Sector-2,

Dhurwa, Ranchi.

2. The Chief Election Officer, State Election Commission, near Gayatri

Mandir, Old OPD, HEC Colony, Sector-2, Dhurwa, Ranchi.

3. The Deputy Commissioner-cum-District Election Officer, Ranchi.

4. The Sub Divisional Officer-cum-Electoral Registration Officer,

Ranchi.

5. Block Development Officer-cum-Returning Officer, Ormanjhi,

District Ranchi.

6. Assistant Election Officer, Ormanjhi, District Ranchi.

.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners :

Mr. Arun Kumar, Advocate

For the Res. No.1

:

Mr. Sumeet Gadodia, Advocate

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Order No.02

Date: 12.05.2022

The present writ petition has been filed for quashing the

communication made by the Returning Officer, Ormanjhi to the

petitioners on 5^th May, 2022 to the effect that their nomination papers

filed for contesting Panchayat election, 2022 from Ormanjhi Panchayat

have been rejected on the ground that they were debarred from

contesting Panchayat election for three years vide notification

no.502(ii) dated 15^th June, 2021- Gazette no.13/Ranchi dated 16^th

June, 2021.

Mr. Arun Kumar, learned counsel for the petitioners, submits

that the petitioners were not aware of their debarment from contesting

the Panchayat election for three years and hence rejection of their

nomination papers by the Returning Officer, Ormanjhi is completely

illegal. In fact, the petitioners had duly submitted the expenses

incurred in the last Panchayat election held in the year 2015 and,

therefore, there was no occasion for the authorities to issue such

notification debarring them from contesting Panchayat election for

three years. The petitioners came to know about such debarment on

24^th April, 2022 and immediately thereafter they represented the

concerned authorities, in pursuance of which a report was also called

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for by the District Panchayat Raj Officer, Ranchi from the Block

Development Officer, Ormanjhi vide letter no.601(ii) dated 27^th April,

2022, however, no decision was taken thereafter and the petitioners

had to file their respective nomination papers in the Panchayat

Election, which were finally rejected by the Returning Officer,

Ormanjhi.

Mr. Sumeet Gadodia, learned counsel appearing on behalf of

the respondent no.1 submits that the present writ petition is not

maintainable, as the petitioners have an efficacious remedy of

preferring election petition under Section 151 of the Jharkhand

Panchayat Raj Act, 2001 against rejection of their nomination papers

by the Returning Officer.

Heard learned counsel for the parties and perused the contents

of the writ petition. Admittedly the petitioners’ nominations with

respect to contesting Panchayat election for the post of Mukhiya have

been rejected by the Returning Officer, Ormanjhi. As per the provision

of Section 152(1)(c) of the Jharkhand Panchayat Raj Act, 2001,

improper rejection of nomination paper is one of the ground for

declaring the election as void. If the said provision is read along with

Section 151 of the said Act, the ground of improper rejection can be

taken by way of an election petition.

Considering the facts and circumstances of the case, this Court

is of the view that the present writ petition is not maintainable. The

petitioners are, however, at liberty to take statutory recourse against

rejection of their nominations by the Returning Officer.

The writ petition is, accordingly, dismissed as not maintainable

with the aforesaid liberty.

(Rajesh Shankar, J.)

Sanjay/