The High Court dismissed a writ petition seeking a recount of votes in a Mukhiya election, holding that the petitioner had an efficacious statutory remedy under the Jharkhand Panchayat Raj Act. The petitioner was granted liberty to pursue the statutory recourse.
Liberty granted to seek statutory remedy.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2770 of 2022
Lilawati Oraon
… … Petitioner
Versus
… … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner : Mr. K.S. Nanda, Advocate For the Respondent Nos.1 to 4 : Mr. Vishal Kumar Rai, AC to GA-IV For the Respondent no. 5 : Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Adv. Mr. Nillohit Choubey, Advocate Ms. Shruti Shekhar, Advocate Mr. Prakhar Harit, Advocate
-----
Order No. 08 Dated: 02.07.2024
The present writ petition has been filed for issuance of direction upon the respondent no. 2 – the Deputy Commissioner, Gumla to pass an appropriate order for recounting of votes in the election for the post of Mukhiya held on 14.05.2021 as the respondent no. 6 – Shakuntala Oraon was declared elected by the respondent no. 3 – the Sub-Divisional Officer, Gumla in the counting of votes which was done on 18.05.2021 instead of the petitioner by adopting unfair practices.
2. Mr. Sumeet Gadodia, learned counsel appearing on behalf of the respondent no. 5, raises a preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner has an efficacious/statutory remedy of preferring election petition under Section 151 of Jharkhand Panchayat Raj Act, 2001 for redressal of her grievance.
3. Having heard learned counsel for the parties and considering that the petitioner has an efficacious/statutory remedy of
1
preferring election petition under Section 151 of Jharkhand Panchayat Raj Act, 2001 for redressal of her grievance as raised in the present writ petition, I am not inclined to entertain the same.
4. The writ petition is accordingly dismissed as not
maintainable.
5. The petitioner is, however, at liberty to take alternative/statutory recourse as provided under law for redressal her grievance.
Manish
2
1 issue framed by the court
Whether the writ petition challenging the election of a Mukhiya is maintainable when an efficacious statutory remedy under the Panchayat Raj Act exists.
1 provisions across 1 enactments
Lilawati Oraon
The State of Jharkhand
The Deputy Commissioner, Gumla
The Sub-Divisional Officer, Gumla
The Block Development Officer, Sisai, Gumla
The State Election Commission, through its Secretary, Ranchi
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court