Gariban Bibi vs The State Of Jharkhand & Others
2022 Latest Caselaw 4871 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(C) No. 6003 of 2022
            Gariban Bibi                                           ..... Petitioner
                                          Versus
            The State of Jharkhand & Others                        ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner: Mr. Mahesh Tewari For Respondent Nos.1-6: Mr. Shashank Shekhar, A.C to AAG-V

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02/05.12.2022 The present writ petition has been filed for issuance of direction upon the

respondents, particularly the respondent Nos. 2 to 6, to immediately send all the

records relating to election conducted for the post of Mukhiya of

Panchayat-Ratanpur, Block-Tundi, District-Dhanbad being Code

XIV/Dhanbad/02/09 in Jharkhand Three-Tier-Panchayat (General) Election, 2022

as well as declaration of final result of the said election, to this Court. Further

prayer has been made for quashing the order dated 07.10.2022 passed by the

Sub-Divisional Officer, Dhanbad-the respondent No.3 (Annexure-5 to the writ

petition) in Election Petition Case No. 02/2022 whereby the said respondent has

allowed the petition filed by the respondent No.7 for fresh counting of votes for

the post of Mukhiya of the said Panchayat.

Mr. Mahesh Tewari, learned counsel for the petitioner, while assailing the

impugned order dated 07.10.2022, submits that the respondent No.3, without

assigning any reason whatsoever, has directed for recounting of the votes for

the post of Mukhiya of the said Panchayat merely observing that the same is

being ordered in the interest of natural justice.

Learned counsel for the petitioner puts reliance on a judgment rendered

by the Hon'ble Supreme Court in the case of Udey Chand Vs. Surat Singh &

Anr. reported in (2009) 10 SCC 170 and submits that since an order for

inspection and re-counting of the ballot papers affects the secrecy of ballot,

such an order cannot be made as a matter of course. In the entire election

process, the secrecy of ballot is sacrosanct and inviolable, except where strong

prima-facie circumstances to suspect the purity, propriety and legality in the counting are made out. He further submits that as per his instruction, re-

counting of votes for the post of Mukhiya of the said Panchayat has not yet

been done in terms with the impugned order dated 07.10.2022.

Issue notice.

Mr. Shashank Shekhar, learned A.C to AAG-V, appears and waives notice

on behalf of the respondent Nos. 1 to 6.

Issue notice to the respondent No.7 by registered Post with A/D for

which requisites etc. must be filed by 06.07.2022.

Put up this case on 23.01.2023 under the heading 'For Admission'.

Till then, there shall be no re-counting of votes for the election in

question in terms with the impugned order dated 07.10.2022 passed by the

respondent No.3 in Election Petition Case No. 02/2022, if the same has not

already been done.

Satish/-                                                        (RAJESH SHANKAR, J)