Mithu Sarkhel vs The State Of Jharkhand & Others
2022 Latest Caselaw 5037 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(C) No. 6120 of 2022
            Mithu Sarkhel                                           ..... Petitioner
                                          Versus
            The State of Jharkhand & Others                         ..... Respondents
                                            -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioner: Mr. A. K. Das For Respondent Nos.1-2: Mr. Kunal Chandra Suman, A.C to G.P-II

-----

02/12.12.2022 The present writ petition has been filed for issuance of direction upon the

respondents to immediately send all the records relating to election conducted

for the post of Mukhiya of Panchayat-Gharbar-2022, Circle-Baliapur, District-

Dhanbad 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 17.10.2022 passed by the Sub-

Divisional Officer, Dhanbad-the respondent No.2 (Annexure-3 series to the writ

petition) in Election Application Case No. 13/2022 whereby the said respondent

has allowed the petition filed by the respondent No.3 for fresh counting of votes

for the post of Mukhiya of the said Panchayat.

I.A. No. 11412/2022

The present interlocutory application has been filed on behalf of the

petitioner seeking stay of the operation of the impugned order dated

17.10.2022 passed by the respondent No.2 in Election Application Case No.

13/2022 as well as letter No. 1433 dated 08.12.2022 issued by the Circle

Officer, Baliapur, Dhanbad, during pendency of the present writ petition.

Mr. A. K. Das, learned counsel for the petitioner, while assailing the

impugned order dated 17.10.2022, submits that the respondent No.2, without

assigning any reason whatsoever, has directed for fresh counting of the votes

for the post of Mukhiya of the said Panchayat merely observing that it is

necessary to clarify the real situation in the interest of natural justice by way of

recounting.

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 17.10.2022.

Issue notice.

Mr. Kunal Chandra Suman, learned A.C to G.P-II, appears and waives

notice on behalf of the respondent Nos. 1 & 2.

Issue notice to the respondent No.3 by registered Post with A/D for

which requisites etc. must be filed by 14.12.2022.

Learned counsel for the petitioner submits that a writ petition being

W.P.(C) No. 6003/2022 involving similar issue is pending before this Court and

hence the present writ petition may also be tagged with the same.

In view of the said submission, put up this case on 23.01.2023 along with

W.P.(C) No. 6003/2022.

Till then, there shall be no re-counting/fresh counting of votes for the

election in question in terms with the impugned order dated 17.10.2022 passed

by the respondent No.2 in Election Application Case No. 13/2022 as well as

letter No. 1433 dated 08.12.2022 issued by the Circle Officer, Baliapur,

Dhanbad, if the same has not already been done.

The present interlocutory application stands disposed of.

Satish/-                                                        (RAJESH SHANKAR, J)