CHARS PAHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to change the nomenclature of the respondent no. 6 as "Barika Munda". The present writ petition has been filed for quashing letter no. 627 dtd. 19/2/2021 (Annexure-3 to the writ petition) issued by the respondent no. 2 - Additional Secretary-cum-Inquiry Officer, Urban Development and Housing Department, Government of Jharkhand as, according to the petitioner, the same is without jurisdiction keeping in view the letter no. 83/Pan. dtd. 20/2/2020 (Annexure-2 to the writ petition) issued by the respondent no. 4, wherein it has been clearly observed that the petitioner may file an election petition under Sec. 580 of the Jharkhand Municipal Act, 2011 (hereinafter referred to as "the Act, 2011") in the court of Munsiff, Khunti.

(2.) Learned counsel for the petitioner submits that the impugned letter dtd. 19/2/2021 issued by the respondent no. 2 is completely without jurisdiction as any matter with respect to disqualification of the Ward Councillor has to be raised by way of filing an election petition under Sec. 580 of the Act, 2011 on the grounds mentioned in Sec. 584 of the said Act. Learned counsel for the petitioner refers to letter dtd. 20/2/2020 issued by the respondent no. 4 and submits that on a complaint filed by the respondent no. 6 for taking appropriate action against the petitioner with respect to allegedly furnishing false information in his nomination form, the respondent no. 4 informed the respondent no. 6 vide the said letter that for disposal of the matter raised by him, he may prefer an election petition under Sec. 580 of the Act, 2011 in the court of Munsiff, Khunti, which is the competent authority to hear the same. It is thus submitted by learned counsel for the petitioner that if at all the respondent no. 6 is aggrieved with election of the petitioner as Ward Councillor, Ward No. 5, Khunti Nagar Panchayat in Municipal Election - 2018, he should file an election petition under Sec. 580 of the said Act instead of filing a complaint before the respondent no. 2 in pursuance of which the impugned letter dtd. 19/2/2021 has been issued to the petitioner directing him to appear before him on 26/2/2021 at 1:00 p.m. Learned counsel for the petitioner, on instruction, submits that no effective step has been taken by the respondent no. 2 in the matter subsequent to issuance of the letter dtd. 19/2/2021.

(3.) Mr. Nehru Mahto, AC to GP-IV appearing on behalf of the State respondents, submits that the issue with respect to exercise of powers under Sec. 18(2) and Sec. 580 of the Act, 2011 has already been set at rest by this Court holding inter alia that both the powers operate parallel and independent to each other. Hence, issuance of letter dtd. 19/2/2021 by the respondent no. 2 to the petitioner is legal and justified.