SUNIL KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

(2.) Heard parties.

(3.) The instant writ petition is under Article 226 of the Constitution of India for declaration of Rule 3.16 of the Jharkhand Municipality Elected Representative (Discipline and Appeal) Rules, 2020 (hereinafter referred as the Rules, 2020), as ultra vires to Section 18(1) of the Jharkhand Municipal Act, 2011 (hereinafter referred as the Act, 2011), as amended by the Jharkhand Municipal (Amendment) Act, 2017 (hereinafter referred as the Act, 2017), which is the Parent Act, and for a further direction for issuance of an appropriated writ/writs in the nature of certiorari for quashing the letter No.2026 dated 14.08.2020, issued by the Department of Urban Development and Housing, Government of Jharkhand, whereby and whereunder it has been decided that the petitioner is ineligible under Rule 3.16 of the Rules, 2020, for the post of Mayer, Giridih Municipal Corporation as also to stay the decision as contained in impugned letter No.2026 dated 14.08.2020, issued by the Department of Urban Development and Housing, Government of Jharkhand or no coercive action be directed to be taken against the petitioner.