MEENA RANI GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties finally.

(2.) ALL these four writ petitions involving similar questions are being disposed of by this common order.

(3.) IT appears that Rule 77 of the Rules refers to Section 18A of Jharkhand Municipal Act, 2002, which inter alia, provides that no election in Municipality shall be called in question except by an Election Petition filed in case of election to a ward in the Municipality, before the Munsif and in case of election of Chairman in the Municipality before the Sub -Judge under whose jurisdiction, the ward or as the case may be, Municipality is situated. It further appears that the procedures regarding such petition are provided in Rules 78 79, 80, 81, 82 and 84. As per rule 83 the Deputy Commissioner can make recommendations, suo motu. on which, after enquiry the State Election Commission can declare the election of a returned candidate as invalid. This rule also indicates that the election is not to be disturbed. The effect of any interference at this stage when the election is in full swing and is going to be held on 25.3.2008, will amount to interference with the election which is conducted after 22 years in this State.