GEETA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 10.1.2012 passed by the Divisional Commissioner, North Chotanagpur Division -cum- Election Tribunal, Hazaribagh under Section 151 (iii) of Jharkhand Panchayat Raj Act. By the said order learned Divisional Commissioner has directed for recounting of votes and examination of rejected ballots. The impugned order has been challenged by the petitioner on the ground that the same is wholly arbitrary, illegal and passed without following the rules and the procedure provided for dealing with the election petition. The procedure for filing election petition and hearing thereof and the relevant provisions have been dealt with under Chapter-13 of the Jharkhand Panchayat Election Rules, 200T (hereinafter to be referred as the said Rules).

(2.) According to the petitioner. Rules 112 and 113 provide for a complete procedure for dealing with the election petition filed by the aggrieved person. Rule 113 of the said rules provides for hearing of election petition in accordance with the procedure provided for hearing in Civil Procedure Code, 1908.

(3.) In the instant case learned Tribunal has entertained the petition and has passed order without following the said procedure.