RAJENDRA KUMAR GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is aggrieved by the notice of election for the post of Up-Mukhiya scheduled on 10th Feb., 2016 for Debo Gram Panchayat under Chauparan Block, District Hazaribagh as contained in Annexure-5 dated 1st Feb., 2016 issued by Electoral Officer (Up Mukhiya)-cum-Block Development Officer, Chauparan.

(3.) According to the petitioner, in the election exercise for Up-Mukhiya of Debo Panchayat as per the date and time schedule prescribed by the District Electoral Officer-cum-Deputy Commissioner, Hazaribagh, petitioner was the sole candidate, who has offered nomination within the time between 9.30 to 10.00 A.M. of 8th Jan., 2016. However, as the respondent no. 4, Election Officer, (Up-Mukhiya)-cum-Circle Officer, Chauparan, Hazaribag, Jharkhand reports vide letter no. 43 dated 8th Jan., 2016 that supporter of one Rina Devi, ward member started creating nuisance at about 10.05 a.m insisting upon the respondent no. 4 to accept the nomination of said Rina Devi also after the time for nomination by 10. 00 a.m. had expired. It is submitted that petitioner remained as the sole candidate who should have been declared elected thereafter but he has been surprised to find that date for re-election of Up-Mukhiya of said Debo Panchayat has been announced. Petitioner has a right to be elected and has been arbitrary denied the same.