RAMBHAJAN SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 23/11/2022 (Annexure-7 to the writ petition) passed by the respondent no. 3 - the Sub-Divisional Officer, Godda in Election Petition No. 04/2022, whereby on complaint filed by the respondent no. 5 regarding irregularities committed in counting process of election of Mukhiya in Nawdiha Panchayat, the respondent no. 3 has directed the Block Panchayat Raj Adhikari, Poraiyahat to obtain entire ballot papers in relation to the said election and to ensure production of the same before the Court of the respondent no. 3 by 10/12/2022 at 12:00 clock for perusal without considering the fact that the respondent no. 3 being the authorized officer for entertaining the election petition, should not have allowed to collect the evidence by issuing the impugned direction, rather the onus lies upon the complainant to substantiate the allegation of irregularities committed in the election process of Mukhiya of Nawdiha Panchayat. Further prayer has been made for issuance of direction upon the respondent no. 3 to decide the Election Petition strictly in terms with Sec. 152 and 153 of the Jharkhand Panchayat Raj Act, 2001. The petitioner has also prayed for staying the further proceeding in Election Petition No. 04/2022, till the issue raised in the instant writ petition is finally decided by this Court.

(2.) Heard learned counsel for the parties. The petitioner seeks intervention of this Court under Article 226 of the Constitution of India against an interlocutory order passed by the respondent no. 3 in Election Petition No. 04/2022.

(3.) In the case of "N.T. Veluswami Thevar Vs. G. Raja Nainar and Ors." reported in 1959 Supp (1) SCR 623, a three judge bench of the Hon'ble Supreme Court held as under:-