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2022 DIGILAW 544 (JHR)

Rita Malto v. State of Jharkhand

2022-05-04

RAJESH SHANKAR

body2022
ORDER : The writ petition is taken up today through Video conferencing. The present writ petition has been filed for quashing the endorsement made in the voter list [Electoral Roll 2022 (S 27) Jharkhand] Part 175 corresponding to Assembly Segment Area No. 2 Boriyo (ST), Rajmahal Loksabha Area No. 1 (ST) so far the same relates to the petitioner, whereby an endorsement “deleted” has been made in her name at S441-MNR 10327 in the revised voter list published on 05.01.2022 though the petitioner is alive and has not made any application for deletion of her name from the electoral/voter list and she is still residing in Khairuya Panchayat and at present, she is the sitting Mukhiya of the said panchayat. Further prayer has been made for issuance of direction upon the concerned respondent to accept the nomination form filed by the petitioner on 21.04.2022 along with requisite documents and affidavit as she came to know about deletion of her name from the voter list at the time of filing of the nomination papers. 2. Learned counsel for the petitioner submits that though the petitioner is the sitting Mukhiya of the aforesaid Panchayat Khairuya, her name was deleted from the electoral roll published on 05.01.2022 in absence of any application made by her in that regard. It is further submitted that the said fact came to the knowledge of the petitioner only at the time of filing of the nomination papers by her in the current panchayat election. It is also submitted that the petitioner has filed a supplementary affidavit on 02.05.2022 stating inter alia that the nomination form submitted by her for the post of Mukhiya of Khairuya Panchayat has been rejected by the concerned Returning Officer on 26.04.2022, a copy of which has been annexed as Annexure-9 to the present supplementary affidavit. 3. Mr. Sumeet Gadodia, learned counsel appearing on behalf of the respondent no. 3, refers to Section 151 and 152(1)(c) of the Jharkhand Panchayat Raj Act, 2001 and submits that since the nomination of the petitioner has already been rejected by the Electoral Officer, the only remedy available with her is to file an election petition. Learned counsel further submits that ballot papers are in the process of printing and the same will be sent to the concerned polling centres very soon. Learned counsel further submits that ballot papers are in the process of printing and the same will be sent to the concerned polling centres very soon. Under the said circumstance, it is otherwise impossible to rectify the electoral roll during this stage. 4. I have gone through the provisions of Section 151 and Section 152(1)(c) of the Act, 2001. Admittedly, the petitioner’s nomination with respect to contesting the election for the post of Mukhiya has been rejected. As per Section 152(1)(c) of the Act, 2001, improper rejection of nomination paper is one of the grounds for declaring election to be 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. 5. At this juncture, learned counsel for the petitioner submits that the main grievance of the petitioner is against deletion of her name from the electoral roll published on 05.01.2022 due to which her nomination has been rejected. 6. Even if the said submission of the learned counsel for the petitioner is accepted, no writ of mandamus can be issued at this stage. Curiously enough, the petitioner who is the sitting Mukhiya of the concerned panchayat remained unaware of deletion of her name from the electoral roll finally published on 05.01.2022 under the provisions of the Representation of the People Act, 1950, till she submitted her nomination papers. The issue with regard to wrongful deletion of the petitioner’s name from the electoral roll cannot be entertained at this stage particularly when the nomination of the petitioner has already been rejected by the Returning Officer. The petitioner has to wait till the process of the current panchayat election is concluded. 7. Considering the aforesaid facts and circumstances of the case, I am not inclined to entertain the writ petition. The same is accordingly dismissed.