Dismissed¶18

Rupali Sarkar v. the State Election Commission Jharkhand ,through Its Secretary, Nirvachan Bhawan

Jharkhand HC5 May 2026WPC/3283/2026

Case brief

AI extract

What is this about?

Jharkhand Municipal Act 2011; Section 580 election petition; Section 583 bars court interference in electoral matters; Article 226 writ petition not entertained; election of Vice-President Nagar Parishad Pakur; State Election Commission Jharkhand; Deputy Commissioner-cum-District Election Officer Pakur; Returning Officer Nagar Parishad Pakur; Rupali Sarkar; Rana Ojha; Ananda Sen; 2026; dismissed.

What did the court decide?

An election held under the Jharkhand Municipal Act, 2011 shall not be called in question except by an election petition as prescribed under Section 580 of that Act; accordingly, this municipal election dispute must be challenged by filing an election petition, not a writ petition. ¶12

Rupali Sarkar Vs the State Election Commission… — Writ and Judicial Review | Jharkhand HC (2026)

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2026:JHHC:13268

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3283 of 2026

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Rupali Sarkar, W/o Sanjay Sarkar, Ward Councillor-04, Nagar Parishad Pakur, R/o Ward No.-03, Khadanpara (Kurthinagar), P.O. & P.S. Pakur, District Pakur, Jharkhand

¶4

.... Petitioner(s).

¶5

Versus

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1.The State Election Commission, Jharkhand, through its Secretary, Nirvachan Bhawan, New Market Chowk, Ratu Road, Ranchi, Jharkhand 2.The Deputy Commissioner-cum-District Election Officer, Pakur 3.The Returning Officer, Nagar Parishad Pakur, District- Pakur 4.Rana Ojha, Ward Councillor, Nagar Parishad Pakur,

¶7

… Respondent(s)

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CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : Mr. Sumit Kumar, Advocate For the State : Ms. Rishi Bharti, AC to AAG-III

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03/ 05.05.2026 Heard, learned counsel for the petitioner and learned counsel for the State.

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Petitioner by filing this writ petition, has prayed to declare the result of election of Vice-President, Nagar Parishad Pakur illegal.

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It is the case of the petitioner that the result of the election of Vice-President, Nagar Parishad Pakur was declared illegally, which could not have been declared in favour of the elected candidate.

¶12

Admittedly, the Election was held in terms of the Municipal Act, 2011. This Municipal Election, if needs to be challenged should be in terms of Section 580 of the Jharkhand Municipal Act, 2011 by filing an election petition.

¶13

Section 580 of the Jharkhand Municipal Act reads as follows:-

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580. Election Petition .

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(1) The election to any office of a municipality shall not be called in question except by an election petition as prescribed:

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Provided that if an election to any office of a Nagar Panchyat is under dispute, the election petition shall lie before such Munsif within whose jurisdiction such Nagar Panchyat is situated and if the election to any office of Municipal Council and Municipal Corporation is under dispute, the election petition shall lie before such Sub-Judge within whose jurisdiction such municipality is situated.

¶17

Section 583 of the aforesaid act bars interference of Court in electoral matter. Thus, I am not inclined to entertain this writ petition under Article 226 of the Constitution of India. The petitioner, if so, advised may approach the appropriate forum challenging the election of the elected candidates in terms of the Jharkhand Municipal Act.

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Accordingly, the instant writ petition stands dismissed .

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(ANANDA SEN, J.)

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05^th May, 2026 R.S./S.K.C Uploaded on 12 /05/2026.

Rupali Sarkar v. the State Election Commission Jharkhand ,through Its Secretary, Nirvachan Bhawan

Case brief

What is this about?

What did the court decide?

Rupali Sarkar v. the State Election Commission Jharkhand ,through Its Secretary, Nirvachan Bhawan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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