Writ petition sought directions to reserve seats and the Mukhiya post in Jinga Gram Panchayat per rotational provisions of the Jharkhand Panchayat Raj Act, 2001 and Election Rules, 2001. Counsel stated the petition had become infructuous; the court dismissed it as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4501 of 2021
Mahadeo Rana
… … Petitioner
Versus
… … Respondents
-----
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. A.K. Mehta, Advocate For the Respondent-State : Mrs. Sweta Shukla, AC to AAG-II For State Election Commission : Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Adv. Mr. Prakhar Harit, Advocate Mr. Nillohit Choubey, Advocate
-----
07/24.06.2024 The present writ petition has been filed for issuance of direction upon the respondents to comply the mandatory provisions relating to reservation of seat as per rotation prescribed under Section 17 of the Jharkhand Panchayat Raj Act, 2001 in Jinga Gram Panchayat under Daru Block of Hazaribagh district. Further prayer has been made for issuance of direction upon the respondents to observe and comply the mandatory provisions contained in rule 9 to 14 of the Jharkhand Panchayat Election Rules, 2001 while making reservation for the posts of members of the Jinga Gram Panchayat under Daru Block, District-Hazaribagh. The petitioner has also prayed for issuance of direction upon the respondents to comply the rotational policy as per Section 21 of the Act, 2001 while making reservation for the post of Mukhiya in respect of Jinga Panchayat, which was earlier reserved for Scheduled Caste (Others) in the year 2010 and Scheduled Caste (Woman) in the year 2015. The petitioner has further prayed for issuance of direction upon the
1
respondents to allow reservation in seats in respect to Jinga Panchayat as per rotation policy based upon population in terms with Section 17 of the Act, 2001.
2. Mr. A.K. Mehta, learned counsel for the petitioner submits that the present writ petition has become infructuous.
3. Considering the said submission, the writ petition is dismissed as infructuous.
(Rajesh Shankar, J.)
Manish
2
1 issue framed by the court
Whether respondents must comply with reservation rotation under Section 17 and Section 21 of the Jharkhand Panchayat Raj Act, 2001 and Rules 9 to 14 for Jinga Gram Panchayat.
3 provisions across 2 enactments
Mahadeo Rana
The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Ranchi
The State Election Commission through its Secretary, Ranchi
The Deputy Commissioner, Hazaribagh
The District Panchayat Raj Officer, Hazaribagh
The Block Development Officer, Daru Block, Hazaribagh
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court