REBATI DANGUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the communication dtd. 30/4/2022, whereby the Returning Officer, Baharagora has rejected the petitioner's nomination for contesting election for the post of Mukhiya, Vankata Panchayat, Ghatshila, district East Singhbhum reserved for scheduled tribe category.

(2.) Mr. Sumeet Gadodia, learned counsel, appearing on behalf of the respondent no.2 raises a preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner's nomination has already been rejected by the concerned Returning Officer and hence now she has 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.

(3.) Mr. Kaushik Sarkhel, learned counsel for the petitioner, submits that the Returning Officer, Baharagora has arbitrarily rejected the petitioner's nomination on the ground that she is the original resident of the State of Orissa and has settled in the State of Jharkhand after migration and, therefore, she cannot be considered as the member of scheduled tribe in the State of Jharkhand.