Jharkhand High Court
Roshni Khalkho & Ors vs The State Of Jharkhand & Ors. ... ... Opp. ... on 18 July, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.114 of 2024
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Roshni Khalkho & Ors. ... ... Petitioners
Versus
The State of Jharkhand & Ors. ... ... Opp. Parties
WITH
Cont. Case (Civil) No.331 of 2024
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Rina Kumari. ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Opp. Parties
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For the Petitioners : Mr. Binod Singh, Advocate
Mr. Kaushik Sarkhel, Advocate
For the O.P. : Md. Shahabuddin, SC-VII
Mr. Zaid Imam, AC to SC-VII
Mr. Sumeet Gadodia, Advocate
Mrs. Shilpi Sandil Gadodia,
Advocate
Mr. Prakhar Harit, Advocate
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CORAM : SRI ANANDA SEN, J.
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17 /18.07.2025
The order dated 04.01.2024 passed in W.P.(C)
Nos.1923 of 2023 (Rina Kumari Vs. State of Jharkhand & Ors.) and
2290 of 2023 (Roshni Khalkho & Ors. Vs. The State of Jharkhand
& Ors.), has not been taken seriously by the State. On the one
hand, the State submits that they will conduct the elections for the
Local Body but their sincere intent and efforts are missing.
2. These two contempt petitions arise out of the final
order dated 04.01.2024 passed in W.P.(C) Nos.1923 of 2023 and
2290 of 2023, wherein the Court, while relying upon the judgment
of the Hon'ble Supreme Court in the case of Suresh Mahajan V.
State of M.P. reported in (2022) 12 SCC 770, had directed the
State to conduct the Election of the Municipal Bodies in the State
of Jharkhand. The Court had held that the judgment passed in the
case of Suresh Mahajan (supra), squarely covers the issue, thus
the two writ petitions were allowed. Be it noted that the Elections
of the Municipal Bodies have not been conducted since June, 2020
in twelve Urban Local Bodies including Deoghar and Dhanbad
Municipal Corporation and since 27th April, 2023, in the entire
State.
3. The aforesaid order passed in the writ petitions were
challenged in Letters Patent Appeal being L.P.A. Nos.57 of 2024
and 55 of 2024. The Division Bench of this Court after hearing the
parties, dismissed both these Letters Patent Appeals filed by the
State.
4. Admittedly, the State has not challenged the
judgment passed in these two Letters Patent Appeals before the
Hon'ble Supreme Court. This means that the State has accepted
the order of the Writ Court affirmed by the Division Bench in its
entirety. When they had accepted both the orders, the only option
before the State is to conduct the Elections as per the mandamus
issued by the Court.
5. As the Elections were not held, these two Contempt
Petitions were filed on 02.02.2024 and 12.04.2024 respectively.
On 13.01.2025, an objection was taken by the State that the Chief
Electoral Officer of the State of Jharkhand, has not supplied the
voters list. On 16.01.2025, the Chief Electoral Officer of the State
of Jharkhand, prayed for one week's time to inform this Court as
to by what time he will furnish the up to date Electoral Rolls to the
State to facilitate the elections of the Local Bodies in terms of the
order passed in the writ petitions.
On 07.02.2025, Mr. Sumeet Gadodia, learned
counsel representing the State Election Commission, stated that
the State Election Commission will start the process of
disintegration, based on the voter list forwarded to them by the
Election Commission of India.
6. Learned counsel representing the State submitted
that till date Electoral Rolls on the basis of voters list has not been
forwarded to the State, thus, it is not possible to hold the elections.
7. Learned counsel representing the State Election
Commission submits that as on date, the post of Chief Election
Commissioner is vacant. As per them the said post in the State is
vacant since 25th March, 2025. As the post is vacant, the matter is
still pending. On query, both the State and the Election
Commission admitted that it is the State who has to appoint the
Chief Election Commissioner.
8. The situation is that the preparation of the Electoral
Roll is not complete because of the fact that the post of Chief
Election Commissioner is vacant since 25th March, 2025, which
according to the State is coming in the way of complying the order
of this Court. On the other hand, as per the State Election
Commission, since the State is not appointing the Chief Election
Commissioner, they are not in a position to proceed in compiling
the voters list.
9. This is a lackadaisical approach of the State. This is
also a very novel way to put forth a situation and prepare a shield
for not complying the order of this Court. If the State acts in this
manner, least said the better.
10. The Rule of Law will never be established if this is
the attitude of the State. By not filling up the post of Chief Election
Commissioner, the State is trying to defer the Election of the Urban
Local Bodies and thereby also deliberately deferring the
implementation of order of this Court which directed to conduct
Elections. The Court while deciding the writ petitions, has clearly
held that not holding the elections amounts to throttling the voice
of the people. Any temporary arrangement cannot be continued
for long, especially when it relates to Election. This Court has also
held that running the Local Bodies by the Administrator defies the
basic tenor of Democracy. Deferring elections for Local Bodies is a
direct attack on the Constitution and is also an attack on the
Democracy.
By not holding the elections in spite of the
mandamus issued by the Court, not only the Democracy is kept at
stake but the Rule of Law has also been put on jeopardy by the
State, by not implementing the order of the Court, more so when
the same has attained finality. This is nothing but defiance. All
these are solely attributable to the State Executives who are
exclusively to be blamed for this.
11. Since prima facie I am of the view that the contempt
has been committed, let the Chief Secretary, State of Jharkhand,
appear before this Court on 25th August, 2025, to show cause as
to why not the charge will be framed for committing contempt of
order dated 04.01.2024 passed by this Court in W.P.(C) Nos.1923
of 2023 and 2290 of 2023.
(ANANDA SEN, J.)
Prashant.Cp-2
