Jharkhand High Court

The Federation Of Jharkhand Chamber Of vs The State Of Jharkhand And Others on 19 September, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
         W.P. (PIL) No. 5675 of 2018
The Federation of Jharkhand Chamber of
Commerce and Industries...      ...  ...    ...  ...  Petitioner
                        Versus
The State of Jharkhand and others ...         ...     ... Respondents
                        ---------

CORAM:              HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE RAJESH SHANKAR
                        ---------
For the Petitioner:     Mr. M.S. Mittal, Sr. Advocate
                        Mr. Salona Mittal, Advocate
                        Mrs. Lavanya Gadodia Mittal, Advocate
For Resp. Nos.1-3:      Mr. Mrinal Kanti Roy, G.A.-I
For Resp. Nos.4&5:      Mr. Sumeet Gadodia, Advocate
For Resp. No.6:         Dr. Ashok Kumar Singh, Advocate
For Resp. No.7:         Mrs. Richa Sanchita, Advocate
                        ---------
09/Dated: 19.09.2025

1. On 20th of August 2025 this Court passed the following orders:-

"The instant Public Interest Litigation has been filed for

the following reliefs:

a. For issuance of writ of mandamus upon the

respondents directing them not to interfere with the

business activities of the concerned occupiers of the

shops and godowns situated at Terminal Market Yard,

Pandra, Ranchi by taking possession of their said shops

and/or godowns for the purpose of keeping the

Electronic Voting Machines (E.V.M.) and/or for setting-

up counting center of elections or for any other election

activities of local, state or central elections as the said

actions of the respondents violate the fundamental rights

of the concerned persons to carry out their business or

profession and also causes severe prejudice and loss to

the concerned persons and also the public at large since

the entire market, which caters to the daily needs of

many households, gets adversely affected;

b. For the issuance of an appropriate writ or a writ in

the nature of mandamus directing the respondents to use

or take possession of a property, other than the

Terminal Market Yard, Pandra, Ranchi, by following the

due process of law for the purpose of storing electronic

voting machines or setting-up counting centers or for

any other allied election activities for local, state or

central elections;

c. For the issuance of an appropriate writ or a writ in

the nature of mandamus directing the respondents to

make/establish in a specified time period of its own

permanent infrastructure for the purpose of storing

electronic voting machines or setting-up counting

centers or for any other allied election activities for

local, state or central elections as was already directed

by this Hon'ble Court in its judgment dated 16.01.2017

passed in W.P.(PIL) No. 2944 of 2013.

2. At the outset, it needs to be noticed that this is not the first

occasion that the issue as raised in the present writ petition has

come up before this Court. Earlier to this, a similar issue was

the subject-matter of W.P.(PIL) No. 2944 of 2013, which was

finally disposed of by a learned Division Bench of this Court

vide order dated 16.01.2017 with the following observations:

"2. In view of these submissions, this Court is not

inclined to further monitor this case. Nonetheless, it is

expected from the State of Jharkhand that:

(i) necessary land should be allocated for the

purpose of which the aforesaid premises were

kept continuously by the State for much longer

time i.e. to keep the ballot papers etc.

(ii) after getting the land some construction should

also be carried out permanently so that such type

of business premises may not be occupied by the

State and a permanent solution will be there with

the State Government because different types of

elections are coming periodically.

(iii) it is not desirable to take the business premises of

the persons in the State of Jharkhand for keeping

ballot papers etc. for the election purposes. After

bifurcation of the State from November, 2000 in a

phase wise manner also if the work would have

been started by the State for keeping the ballot

papers separately in the premises of the State,

this Court have been achieved by now i.e. after

approximately 16 years."

3. Thereafter, identical issue came up for consideration before

one of us (Sri Rajesh Shankar, Judge) in a Single Bench being

W.P.(C) No. 6137 of 2018 and strong exception was taken to

the inaction of the respondents to implement the directions

passed by this Court in W.P.(PIL) No. 2944 of 2013 and it was

observed that "It is unfortunate that despite the observations of

the learned Division Bench made in W.P.(PIL) No. 2944 of

2013, the respondent authorities have once again resorted to

the same old practice of occupying the running business

premises of the businessmen of Terminal Market Yard, Pandra.

4. Here, it shall also be appropriate to note the stand of the

State that the State Government had earmarked the land and

the required procedures have been followed for the purpose

and the State of Jharkhand shall have its own premises for the

election purposes soon. This stand has been reiterated before

this Court in paragraph-13 of the counter affidavit filed on

behalf of the respondent nos. 2 and 6 in the instant writ

petition, which reads as under: "13. That it is humbly stated

and submitted that despite these reports, efforts are being made

by the District Administration for an alternative permanent

structure for such purpose. Land has been marked and map has

been prepared for the separate permanent structure."

5. This petition was lastly listed six years back on 07.05.2019,

therefore, we direct the State to file a status report within four

weeks to the following effect:

i. The land which has been allocated for the purpose of

keeping the ballot papers, strongroom etc;

ii. The stage of construction or the date of completion,

as the case may be; and

iii. The details of the premises that were taken by the

State during the last election for the purpose of

counting, in addition to the storage of ballot papers and

E.V.M machines.

6. List this case on 19.09.2025"

2. In compliance of the aforesaid order, the respondent no.3 filed

the supplementary counter affidavit. However, we are really not

satisfied with the said affidavit, more particularly, the averments

contained in paragraph 6 thereof which reads as under:-

"6. That with regard to the status report of the point

aforementioned point (a) and (b) is concerned, it is humbly

stated and submitted that for the purposes of keeping the

ballot papers and strong room etc., 1 (one) acre of land was

allocated at Nagdi Anchal, Mauja Nagdi, Thana No. 122,

Khata No. 326, Plot No. 1709 where construction of the

building has already been completed by the Building

Construction Department, Government of Jharkhand, and

the same has been handed over to the Deputy

Commissioner-cum-District Election Officer, Ranchi vide

letter no. 3492 dated 05.11.2024. It is further stated and

submitted that at present EVMs are being stored in the said

building but the said premises is not spacious enough for

making strongroom-cum-counting hall.

It is further stated and submitted that there is no

permanent establishment/ building premises for carrying

out the elections in any district in the State. At the time of

the Lok Sabha/ Vidhan Sabha Elections, the Election

Officer-cum-Deputy Commissioners of the concerned

districts using powers enshrined under Sections 160, 162

and 165 of the People Representation Act, 1951 occupy the

needful places for carrying out the elections."

3. Once the respondents had found a piece of land measuring 01

acre at Nagdi Anchal, Mauja Nagdi, Thana No.122, Khata No.326,

Plot No.1709, upon which even construction has been raised, we

really fail to understand why the building was not designed in such a

manner that could be spacious enough for making strongroom-cum-

counting hall. After all 01 acre of land cannot be by any means termed

to be 'small'.

4. That apart, why a multistoried building was not constructed

which could have taken care of the storage of the ballot papers /

strongroom and a separate counting hall could have been carved out.

5. Let supplementary affidavit on behalf of respondent no.3 be

filed along with which the copy of the building plan as well as