GHANSHYAM MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petitions have been filed for quashing the order dated 02.09.2016 passed by the Sub-Divisional Officer, Godda (the respondent No. 4) in Election Petition No. 08/2016 [W.P.(C) No. 5990 of 2016] and Election Petition No. 09/2016 [W.P.(C) No. 5993 of 2016] whereby the election result of the petitioner as a Mukhiya of Gram Panchayat, Khatnai, District Godda, Jharkhand issued in Prapatra-22 (mentioned as Prapatra-21 in the impugned orders) has been cancelled and the Block Development Officer, Godda has been directed to take appropriate action under Sec. 125(a) of the Representation of People Act, 1951 (hereinafter referred to as 'the Act, 1951').

(2.) The factual background of both the writ petitions are almost the same, as in both the writ petitions the respondent No. 6 has filed separate election petitions under Sec. 151 of the Jharkhand Panchayati Raj Act, 2001 [hereinafter referred to as 'the Act, 2001'], however, for the sake of convenience, the fact of W.P.C No. 5990 of 2016 is being taken into consideration for deciding the present writ petitions.

(3.) The factual background of the case, as stated in the writ petition, is that the State Election Commission, Jharkhand issued the notification for Panchayat Election on 22.10.2015 under the provisions of the Act, 2001 and the petitioner filed his nomination paper on 27.10.2015 for contesting the election of Mukhia from Gram Panchayat, Khatnai, Block-Godda, District-Godda for which the voting was held on 21.11.2015 and the result was declared on 112.2015. The petitioner was elected as a Mukhia of the said Gram Panchayat and thereafter a certificate was issued in Prapatra-22 by the Returning Officer, Godda. After declaration of the result, the respondent No. 6, namely, Shakil Ahmad of the same village who also contested the election and stood second in the election, filed an election petition being E.P No. 08/2016 in the Court of the respondent No. 4 on 04.01.2016 which was allowed vide order dated 02.09.2016 whereby the election result of the petitioner issued in Prapatra-22 was cancelled and the Block Development Officer, Godda was directed to take appropriate action under Sec. 125 (a) of the Act, 1951.