JYOTI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the notice dtd. 20/6/2022 along with Election Petition No.7/2022 whereby and whereunder the respondents have filed election petition under Ss. 151/153 and 110 of Jharkhand Panchayat Raj Election.

(2.) The petitioner is the Mukhiya of Binju Gram Panchayat, who was elected in the Panchayat election by result dtd. 25/5/2022. After his election, the Election Petition No.7/2022 has been filed in which he has received notice and aggrieved by the said notice, the instant petition has been filed. The challenge to the issuance of notice is mainly on the ground that the provision under which the notice has been issued has been incorrectly stated in the election petition and the notice. The sole point on which the notice has been challenged is that it has been issued under wrong provision of law.

(3.) Learned counsel on behalf of State authorities (respondent nos.4 and 6) submits that due to clerical mistake Ss. 153 and 110 of Jharkhand Panchayat Raj Election, has been mentioned in the notice, but this cannot be a ground for quashing the notice. Instead of pressing this before the competent authority, the petitioner has moved before this Court for quashing the notice is itself for technical error in the said notice. This Court is of the view that mere mention of some provision wrongly in the notice cannot be a ground for quashing the notice. The writ petition is shorn of any merit and is accordingly dismissed.