Rakesh Jha v. State Election Commission, through the Secretary, Ranchi
2022-04-21
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : 1. The present writ petition has been filed for issuance of direction upon the respondent authorities to immediately insert the names of the petitioners in the electoral roll of Polling Booth No. 351 at Village-Dahua, District-Deoghar in the light of the order as contained in memo No. 738 dated 08.04.2022 passed by the respondent No.6 and to update the same on the concerned website so as to enable them to contest the ensuing Panchayat Elections in which the last date of filing of the nomination forms is 23.04.2022. 2. The present writ petition was taken up by this Court on 20.04.2022 and on the said date, considering the grievance of the petitioners that despite the order as contained in memo No. 738 dated 08.04.2022 passed by the respondent No.6 directing the respondent No.4 to include the names of the petitioners in the electoral roll of Polling Booth No 351, Village-Dahua, District-Deoghar and to submit compliance report to that effect within 15 days, the same was not complied by the said respondent, time was granted to learned counsel for the respondent Nos. 3 to 5 as well as the respondent No.6 to ensure that the said order passed by the respondent No.6 is complied without any further delay. 3. The present case was initially taken up in the first half today. 4. Dr. Ashok Kumar Singh, learned counsel for the respondent No.6, while producing a copy of letter No. 779 dated 20.04.2022 issued by the respondent No.6 to the respondent No.4, submitted that vide said letter, the respondent No.6 has taken serious view towards the conduct of the respondent No.4 and has further directed him to submit an explanation through the respondent No.3 within 24 Hours as to why a disciplinary proceeding as against him be not recommended to the Election Commission of India. 5. This Court while acknowledging the fact that the respondent No.4 did not include the names of the petitioners in the existing electoral roll of Polling Booth No. 351 in defiance of the order dated 08.04.2022 passed by the respondent No.6, directed Mr. P. S. A. S. Pati, learned G.A-II, to seek further instruction from the respondent No.4 as to whether he would do the same before the final order is passed in this case. Accordingly, the case was passed over to be taken up again in the second half of the day. 6.
P. S. A. S. Pati, learned G.A-II, to seek further instruction from the respondent No.4 as to whether he would do the same before the final order is passed in this case. Accordingly, the case was passed over to be taken up again in the second half of the day. 6. The present writ petition is thus again taken up in the second half today. Learned G.A-II has produced a copy of letter No. 27 dated 21.04.2022 issued by the respondent No.4 to his office. The respondent No.4, in the said letter, has clearly mentioned that there is no such direction to include the names of the petitioners in the electoral roll existing prior to 05.01.2022. It has however been mentioned in the said letter that two petitioners i.e. Rakesh Jha and Rita Devi had submitted Form-6 through online mode on 25.03.2022, however, they refused to verify the check list of the same saying that their names were not to be included in the said Form. The respondent No.4 has further mentioned in the said letter that as per the direction of the respondent No.6, the names of both the aforesaid petitioners have been included in the Voter List Part-351 whereas online forms of two other petitioners i.e. Rajesh Jha and Jayanti Kumari Jha as well as one Chandan Jha were received on 16.04.2022 in pursuance of which an appropriate action will be taken after seven days. 7. Learned counsel for the petitioners has submitted that since the respondent No.4 intended to put the names of the petitioners in the voter list afresh instead of including their names in the existing electoral roll, thereby depriving them of contesting the ensuing Panchayat Election, they rightly refused the motivated offer of the respondent No.4. Otherwise also, the said action of the respondent No.4 was in defiance of the order dated 08.04.2022 passed by the respondent No.6. 8. Here, it would be relevant to refer the background of the case. The respondent No.4 vide memo No. 98 dated 03.11.2021, directed the respondent No.5 to remove the names of the petitioners and few other persons from the existing voter list of Mohanpur Block, Part No. 351, Sub-Part-1, Village-Dahua and inform the same to him accordingly. Aggrieved with the said order, the petitioners preferred a writ petition being W.P.(C) No. 5186/2021 before this Court.
Aggrieved with the said order, the petitioners preferred a writ petition being W.P.(C) No. 5186/2021 before this Court. The said writ petition was disposed of vide order dated 05.01.2022 giving liberty to the petitioners to file fresh representation(s) before the respondent No.3 as their grievances were required to be factually examined by the competent authority, who in turn, was directed to get an enquiry conducted in the matter and after providing due opportunity of hearing to the petitioners/ their representatives, to take appropriate informed decision within four weeks from the date of filing of the said representation(s). The respondent No.3 however did not pass any specific order on the said representation(s), rather vide order dated 04.02.2022, remanded the matter to the respondent No.4 to re-examine the issue and pass appropriate order in accordance with law within three weeks. Aggrieved with the said order of the respondent No.3, the petitioners preferred second appeal before the respondent No.6 under Section 24 of the Representation of the People Act, 1950 [hereinafter referred to as ‘the Act, 1950’] which was registered as Second Appeal No. 01/2022. The said second appeal was allowed by the respondent No.6 vide order dated 08.04.2022 directing the respondent No.4 to include the names of the petitioners in the voter list of the place where they usually reside i.e. Village-Dahua, District-Deoghar connected with Polling Booth No. 351 and to submit compliance report within 15 days. 9. The aforesaid factual context will clearly indicate that the matter with regard to inclusion of the petitioners’ names in the electoral roll arose only after the action of the respondent No.4, who vide letter dated 03.11.2021 directed to delete/remove their names from the existing electoral roll/voter list which finally culminated in the order passed by the respondent No.6 directing the respondent No.4 to include the petitioners’ names in the voter list and to submit compliance report within fifteen day. 10. The stand taken by the respondent No.4 in his letter dated 21.04.2022 communicated to the office of the learned G.A-II that there is no direction with respect to adding the names of the petitioners in the voter list existing prior to 05.01.2022 and there is no provision to that effect, is wholly baseless and indicative of audacious attitude of the said respondent in not complying the order of the respondent No.6.
This Court also finds justification in the submission of learned counsel for the petitioners that the respondent No.4 by misinterpreting the order of the respondent No.6, somehow wants to deprive the petitioners of participating in the ensuing Panchayat Elections. 11. Section 13-A (Part II-A) of the Act, 1950 reads as under: “13-A. Chief electoral officers- (1) There shall be for each State a chief electoral officer who shall be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf. (2) Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.” 12. On bare perusal of sub-section 1 of Section 13-A of the Act, 1950, it would be evident that the Chief Electoral Officer is designated or nominated by the Election Commission of India in consultation with the State Government to exercise power and functions given under the said Act on behalf of the Election Commission of India. Sub-section 2 of Section 13-A assigns the duty to the Chief Electoral Officer to supervise the preparation, revision and correction of all the electoral rolls in the State under the Act, 1950, subject to the superintendence, direction and control of the Election Commission of India. 13. Admittedly, the names of the petitioners were removed/deleted from the electoral roll pursuant to issuance of letter dated 03.11.2021 by the respondent No.4 and when the respondent No.6 vide order dated 08.04.2022, directed the respondent No.4 to include the names of the petitioners in the voter list of Polling Booth No. 351, it obviously meant that the same was not related to mere fresh insertion of their names in the voter list, rather was for restoration of their names in the voter list/electoral roll which existed prior to issuance of letter dated 03.11.2021 by the respondent No.4. It would also be relevant to mention here that the respondent No.6 in paragraph 13 of the order dated 08.04.2022, has clearly held that the action regarding removal/deletion of the petitioners’ names from the existing electoral roll/voter list was erroneous. 14. Dr.
It would also be relevant to mention here that the respondent No.6 in paragraph 13 of the order dated 08.04.2022, has clearly held that the action regarding removal/deletion of the petitioners’ names from the existing electoral roll/voter list was erroneous. 14. Dr. Ashok Kumar Singh, learned counsel for the respondent No.6, has emphatically submitted that the respondent No.4 has intentionally tried to overreach the order of the respondent No.6 which is a glaring instance of gross indiscipline and insubordination. 15. Considering the aforesaid facts and circumstances, the obstinate attitude of the respondent No.4 is denounced and deprecated by this Court. Thus, the respondent No.6 shall proceed further for taking appropriate disciplinary action against the respondent No.4 as has been mentioned in letter No. 779 dated 20.04.2022. ` 16. It is really unfortunate that the petitioners have been compelled to file the present writ petition seeking implementation of the order passed by the respondent No.6, who acts as the representative of the Election Commission of India in the State only because the respondent No.4 was adamant not to implement the same. Keeping in view that the last date for filing of the nomination forms in Mednidih Gram Panchayat within Mohanpur Block is 23.04.2022, the respondent No.4 is directed to insert the names of the petitioners in the electoral roll finalised on 05.01.2022 within 24 hours. 17. Since uploading of this order in the website of this Court may consume some time, learned G.A-II is directed to immediately inform the respondent No.4 about this order for compliance. 18. The present writ petition is accordingly disposed of with the aforesaid observation and direction. 19. Let the copies of letter No. 779 dated 20.04.2022 and letter No. 27 dated 21.04.2022 be kept on record.