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2025 DIGILAW 547 (JHR)

Ranju Devi, wife of Mithilesh Prasad Yadav v. State of Jharkhand

2025-02-20

RAJESH SHANKAR

body2025
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for issuance of direction upon the respondent no.3 to conclude the proceeding of Election Petition No.09 of 2022 within a period of three months, wherein the petitioner has prayed for cancelling the election of Mukhiya, Gram Panchayat-Postwari, Thana and Block-Mohanpur, District-Deoghar, Nirvaachan Chhetra Sankhya-VIII, Deoghar/02/17 held during Panchayat Election, 2022 and has also prayed for fresh counting of votes as well as for removal of the respondent no.6 (Manju Devi) from the post of “Mukhiya” of the said Panchayat under Sections 152 and 153 of the Jharkhand Panchayat Raj Act, 2001. Further prayer has been made for issuance of show cause notice upon the respondent no.3 calling upon as to under what circumstance, he has modified his own letter no.374/Go., Deoghar dated 20 th May, 2024 within one month and has issued fresh letter no.424/Go., Deoghar dated 21 st June, 2024 in relation to Election Petition No.09 of 2022. 2. Heard the learned counsel for the parties. 3. It appears that the petitioner had earlier preferred a writ petition before this Court being W.P.(C) No.5766 of 2023. The said writ petition was disposed of by a Bench of this Court vide order dated 16 th January, 2024 in following terms : “…………….. Admittedly, there is an election dispute and there is an alternative statutory remedy, which the petitioner has already availed, as he has approached the Sub-Divisional Officer, Deoghar, by filing Election Petition No. 9 of 2022. Counsel for the petitioner submits that at this stage, suffice it would be if a direction is given to the Sub-Divisional Officer, Deoghar to dispose of the Election Petition No. 9 of 2022 as early as possible in accordance with law. Considering the prayer made in this petition, it is not necessary to issue notice to the parties. I direct the Sub- Divisional Officer, Deoghar to dispose of Election Petition No. 09/2022 strictly as per the procedure within a reasonable period without unnecessarily adjourning the case. With the aforesaid direction and observation, this petition stands disposed of. 4. Considering the prayer made in this petition, it is not necessary to issue notice to the parties. I direct the Sub- Divisional Officer, Deoghar to dispose of Election Petition No. 09/2022 strictly as per the procedure within a reasonable period without unnecessarily adjourning the case. With the aforesaid direction and observation, this petition stands disposed of. 4. Thereafter, the petitioner preferred Contempt Case (Civil)No.362 of 2024 alleging non-compliance of the aforesaid order of this Court which was disposed of vide order dated 20 th September, 2024 dropping the contempt proceeding against the respondent no.3 (the O.P. No.2 therein) with an observation as recorded in paragraph nos.3 and 4 of the same, which is quoted as under : “ 3. In the Election Petition there are several issues which are involved including recording of evidence of the parties. 4. These type of matters cannot be adjudicated overnight." 5. Since the earlier writ petition i.e., W.P.(C) No.5766 of 2023 was filed by the petitioner seeking issuance of direction to the concerned respondent to dispose of the Election Petition No.09 of 2022 within a time frame, on which the order dated 16 th January, 2024 was passed directing the Sub-Divisional Officer, Deoghar to dispose of the said election petition strictly as per the procedure within a reasonable period without unnecessarily adjourning the case and the contempt case filed by the petitioner has been disposed of dropping the contempt proceeding as against the respondent no.3, this Court is of the view that no further order can be passed in this regard. 6. The present writ petition is, accordingly, dismissed.