SHARDA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition was filed on 13/5/2022 for issuance of direction upon the concerned Returning Officer to accept the petitioners' nomination papers and to allot them symbol for contesting election for the post of Member, Zila Parishad, Constituency IV Chatra, Bhag nos.9 and 10, Hunterganj (reserved for female scheduled caste candidates), which was scheduled to be held on 19 th May, 2022. Alternatively, the petitioners have also prayed for issuance of direction upon the concerned respondents to provide copies of the orders rejecting the petitioners' nominations, if any, which were not given to them despite several requests and filing application under Right to Information Act, 2005 by the petitioner no.1 and thereafter to quash the same, directing them to allow the petitioners to contest the election for the said post.

(2.) Mr. Sumeet Gadodia, learned counsel, appearing on behalf of the respondent nos.2 and 3 raises a preliminary objection with regard to maintainability of the writ petition on the ground that the petitioners' nominations have already been rejected by the concerned Returning Officer and hence now they have the only remedy of filing election petition under Sec. 151 read with Sec. 152(1)(c) of the Jharkhand Panchayat Raj Act, 2001. It is also submitted that election result has also been declared on 22/5/2022.

(3.) Mr. Sudhir Kumar Sharma, learned counsel for the petitioners, submits that the orders rejecting the petitioners' nominations have not been handed over to the petitioners, however, they have come to know from reliable sources that their nominations have been rejected on the ground that they are original residents of the State of Bihar and have settled in the State of Jharkhand after their marriage and, therefore, they cannot be considered as the members of scheduled caste in the State of Jharkhand.