Patna High Court
Ugan Jha @ Ugranath Jha vs The State Election Commission ... on 4 July, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8215 of 2024
======================================================
Ugan Jha @ Ugranath Jha Son of Jagat Narayan Jha, resident of village-
Nawasa (Kishanpur), P.O. Nawada, P.S. Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Election Commission (Panchayat) Sone Bhawan, Birchand Patel
Path Patna through the State Election Commissioner.
2. The State Election Commissioner, The State Election Commission
(Panchayat), Sone Bhawan, Birchand Patel Path, Patna.
3. The Officer-on- Special Duty, The State Election Commission (Panchayat),
Sone Bhawan, Birchand Patel Path, Patna.
4. The District Election Officer(Panchayat )- cum- District Magistrate,
Darbhanga, District - Darbhanga.
5. The District Panchayat Raj Officer, Darbhanga, District - Darbhanga.
6. The Block Development Officer, Benipur, District - Darbhanga.
7. Raushan Mishra son of Dayanand Mishra, Resident of village and P.O.
Ramauli, P.S. Bahera, District- Darbhanga.
8. Ayachi Mithila Mahila College, Bahera, Benipura through its Secretary of
Governing Body.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.B.K. Mangalam, Adv
Mr.Awnish Kumar, Adv
Mr. Kumar Gaurav, Adv
Mr. Vikash Kumar Singh, Adv
For the Respondent/s : Mr. Government Pleader 17
For Election Commission : Mr. Ravi Ranjan, Adv
For Res. No. 7 : Mr. Raushan Mishra (in person through V.C.)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
CAV JUDGMENT
Date : 04-07-2025
Heard the parties.
2. The present application has been filed by the
petitioner praying for the following reliefs: -
(i) For issuance of an appropriate writ in
the nature of CERTIORARI for quashing the order
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
2/12
dated 10.04.2024 passed by the Respondent no.2 in
Case No.80 of 2021 (Raushan Mishra Vs. Ugan
Jha @ Ugranath Jha) and communicated to all
concerned under the signature of the Respondent
no.3 and contained in his memo no.1793 dated
10.04.2024
, whereby and where under the
Respondent no.2 has been pleased to declare the
petitioner disqualified to hold the post of Mukhiya
of Gram Panchayat Raj, Ramauli under Benipur
Block of Darbhanga District on the ground that on
the date of his election, the petitioner was holding
the office of profit since he was gainfully employed
in an Institution receiving aid from the State
Government.
(II) For a declaration that since before
filing his nomination to contest 2021 Panchayat
Election for the post of Mukhiya of Gram
Panchayat Raj, Ramauli on 09.09.2021, the
petitioner had already submitted his resignation on
05.09.2021 before Secretary of Governing Body of
the College and his resignation was accepted by
the Secretary of Governing Body of the College on
06.09.2021 in anticipation of its approval by the
Governing Body of the College in exercise of his
power under Clause-7 of Statute No.32 of the
Bihar State Universities Act, 1976, the decision of
the Secretary accepting the resignation of the
petitioner on 06.09.2021 was approved by the
Governing Body in its meeting dated 12.04.2022,
there was no occasion for the Respondent no.2 to
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
declare the petitioner disqualified to hold the post.
(III) For issuance of an appropriate writ
in the nature of MANDAMUS commanding and
directing the Respondent Authorities for
reinstatement of the petitioner to the post of
Mukhiya of Gram Panchayat Raj, Ramauli under
Benipur Block of Darbhanga District which he was
holding immediately before the impugned order
came to be passed by the Respondent no.2
declaring him disqualified to hold the post.
(IV) For issuance of any other
appropriate writ/writs. order/orders,
direction/directions for which the writ petitioner
would be found entitled under the facts and
circumstances of the case.
3. Learned counsel appearing for the petitioner
submits that in order to file his nomination paper before the
Returning Officer to contest the Panchayat Election 2021, the
petitioner has tendered his resignation from the post of Typist in
Ayachi Mithila Mahila College, Bahera, Benipur on 05.09.2021
(Annexure-P-2) and this resignation letter was addressed to the
Secretary of the Governing Body and also to the Principal of the
College. Considering the urgency of the matter, the Secretary of
Governing Body of the College directed the Principal to place
the petitioner's resignation before him in file. Learned counsel
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
further submits that perusal of the letter of resignation will
reveal that the Principal of the College had also directed the
Head Clerk of the College to put up the petitioner's resignation
in file.
4. Learned counsel appearing for the petitioner further
submits that since the petitioner was required to file his
nomination paper on or before 09.09.2021, the Head Clerk of
the College had forwarded the petitioner's resignation to the
Secretary of the Governing Body and the Principal of the
College on 06.09.2021. On 06.09.2021 itself, the Principal of
the College, is said to have forwarded the petitioner's
resignation letter to the Secretary of the Governing Body of the
College and after receipt of the recommendation of the
Principal, the Secretary of the Governing Body of the College
accepted the resignation of the petitioner on 06.09.2021 itself in
anticipation of its approval by the Governing Body in its next
meeting vide letter no. 358/21 dated 06.09.2021 (Annexure-P-
3). It is contended that this decision was taken by the Secretary
of the Governing Body of the College in exercise of his power
under Clause 7 of the Statute No. 32 which as per the petitioner
authorizes the Secretary of the Governing Body to take
emergent decision on any issue subject to its approval by the
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
Governing Body in the next meeting.
5. It is further contended by the petitioner that the
aforesaid decision of the Secretary of the Governing Body of the
College, accepting the petitioner's resignation from the post of
Typist on 06.09.2021 was communicated to the petitioner by the
Principal of the College vide his letter no. 359/21 dated
07.09.2021 (Annexure-P-4). It is further contended that it is
only after acceptance of petitioner's resignation by the Secretary
of the Governing Body of the College in question on
06.09.2021, that the petitioner had filed his nomination to
contest for the post of Mukhiya of Gram Panchayat Raj,
Ramauli on 08.09.2021 and, therefore, as per the learned
counsel for the petitioner, on the date when the petitioner had
filed his nomination before the Returning Officer or on the date
of scrutiny of his nomination paper, no objection was raised
about the petitioner's candidature from any quarter on any
ground whatsoever and since there was no objection against the
candidature of the petitioner, the Returning Officer accepted the
nomination paper of the petitioner after scrutiny and the
petitioner was allowed to contest the election. It is further
submitted that even during the course of election, no objection
was raised against the petitioner's candidature from any quarter.
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
The election was, therefore, held and after counting of votes, the
petitioner was elected as Mukhiya of Gram Panchayat Raj,
Ramauli by the Returning Officer.
6. It is further submitted by learned counsel for the
petitioner that it is only after declaration of the result in favour
of the petitioner declaring the petitioner to be duly elected on
the post of Mukhiya of Gram Panchayat Raj, Ramauli that a
complaint under Section 136(2) of the Bihar Panchayat Raj Act,
2006 was filed by the respondent no. 7 i.e. Raushan Mishra
before the State Election Commission praying therein to declare
the petitioner disqualified to hold the post of Mukhiya of Gram
Panchayat Raj, Ramauli on the ground that on the date of his
election, the petitioner was in service of Ayachi Mithila Mahila
College, Bahera, Benipur which, as per Respondent No. 7, was
a State Government aided institution. In nutshell, the complaint
against the petitioner was that he should be disqualified under
Section 136(1)(d) of the Bihar Panchayat Raj Act, 2006.
7. On the basis of complaint filed by the respondent
no. 7 before the respondent-State Election Commissioner
(respondent no. 2), Case No. 80 of 2021 was instituted. After
service of notice, the petitioner appeared and filed his counter
affidavit bringing all the materials on record including his letter
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
of appointment, his letter of resignation, letter of Principal dated
07.09.2021 informing the petitioner regarding acceptance of his
resignation by the Secretary of the Governing Body. Copy of the
counter affidavit filed by the petitioner before the respondent-
Commission has been brought on record as Annexure-P-6. The
learned counsel for the petitioner further submits that a second
counter affidavit was also filed by the petitioner before the
respondent-Commission which has been annexed in the present
writ application as Annexure-P-7. It is further submitted that
post facto approval was also granted by the Governing Body of
the College in its meeting held on 12.04.2022 to the decision of
the Secretary, accepting the resignation of the petitioner.
8. Learned counsel for the petitioner further submits
that despite the fact that the petitioner was not in service of the
College on the date when the petitioner had filed the nomination
or even on the date of scrutiny, because as per the petitioner, his
resignation had already been accepted by the Secretary of the
Governing Body on 06.09.2021 in anticipation of its approval
by the Governing Body, the respondent-Commission passed the
judgment and order dated 10.04.2024 (Annexure-P-12) by
which the respondent no. 3 has been pleased to disqualify the
petitioner from holding the post of Mukhiya of Gram Panchayat
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
Raj, Ramauli in exercise of his power under Section 136(2) of
the Bihar Panchayat Raj Act, 2006. Aggrieved by this judgment
and order dated 10.04.2024 (Annexure-P-12), the petitioner has
filed the present writ application challenging the same.
9. Per contra, learned counsel appearing for the
respondent-State Election Commission submits that mere
acceptance of the resignation by the Secretary in anticipation of
its approval by the Governing Body of the College does not
mean that the resignation tendered by the petitioner finally stood
accepted on 06.09.2021 severing his status of being an
employee in service of the College in question. Learned counsel
for the respondent-State Election Commission further submits
that in the 'Manual of Universities Laws (Bihar and Jharkhand)'
as per Clause 7(d) of Rule 32, it has been clearly provided that
the Secretary of the Governing Body will be responsible for
taking such action on behalf of the Governing Body as he may
be authorized to take or which may become necessary in view
of any decision of the Governing Body.
10. Learned counsel for the respondent-Commission
further submitted that in terms of the aforesaid Rule/Clause, it
was incumbent upon the petitioner to produce material before
the respondent-Commission to show that the Secretary of the
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
Governing Body had been authorized to accept resignation on
behalf of the Governing Body, but no such authorization letter
was produced, clearly meaning thereby that the Secretary of the
Governing Body of the College in question was not legally
authorized to accept the resignation of the petitioner on behalf
of the Governing Body. Consequently, the acceptance of the
resignation of the petitioner by the Secretary of the Governing
Body on 06.09.2021 was not proper and did not amount to
severance of employer-employee relationship between the
petitioner and the College in question, an aided institution of the
State Government. The learned counsel, therefore, defended the
judgment and order dated 10.04.2024 passed by the respondent-
State Election Commission and prayed for dismissing the writ
application.
11. Learned counsel appearing for respondent no. 7
adopted the argument made by the learned counsel for
respondent-Commission and prayed for rejecting the writ
application.
12. During course of argument, learned counsel for
the petitioner also submitted that along with complaint which
was filed by respondent no. 7 before the respondent-
Commission, no unimpeachable evidence was produced in
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
support of the allegations levelled in the complaint and hence as
per learned counsel for the petitioner, complaint could not have
been entertained under Section 136(2) of Bihar Panchayat Raj
Act, 2006 in light of the law laid down by the Full Bench
decision of this Court in Rajni Kumari Vs. State Election
Commission & Ors reported in 2019 (4) PLJR 673.
13. In the complaint which was filed by the
respondent no. 7 before the respondent-Commission, it was
stated that on the date when the petitioner had filed the
nomination i.e. 08.09.2021; the date when the scrutiny was done
and the date when the election was held on 29.09.2021, the
petitioner was holding an office of profit as he was in service of
Ayachi Mithila Mahila College, Bahera, Benipur which was a
State Government aided institution. In support of this specific
contention, the respondent no. 7 had enclosed a copy of
employee list of Ayachi Mithila Mahila College, Bahera,
Benipur which was enclosed as Annexure-3 to the complaint
petition, which clearly showed that the petitioner was an
employee in service of the College in question, which was an
aided institution of the State Government. This document was
enclosed with the complaint as an unimpeachable material and,
therefore, it will not be inappropriate to hold that by producing
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
the employee list containing the name of the petitioner (which
was never disputed by the petitioner) as unimpeachable
material, respondent no. 7 had discharged his burden of proof
and thereafter, the onus to prove to the contrary had shifted on
the petitioner. The petitioner could not produce any material to
support his contention that the Secretary of the Governing Body
was duly authorized to accept the resignation on behalf of the
Governing Body and having failed to do so, the respondent-
Commission was left with no choice than to hold that the
petitioner, on the date of his nomination/scrutiny/election was
holding an office of profit as he was in service of the College in
question, which was an aided institution of the State
Government. It is also pertinent to observe that while appearing
before the respondent-Commission, at no point of time, the
petitioner ever questioned the status of the College of being
State Government aided institution.
14. Under the aforesaid facts and circumstances and
for the reasons stated above, this Court does not find any legal
infirmity in the judgment and order dated 10.04.2024 passed by
the respondent no. 2 in Case No. 80 of 2021, communicated to
all concerned under the signature of respondent no. 3 contained
in his Memo No. 1793 dated 10.04.2024 and hence, the same is
Patna High Court CWJC No.8215 of 2024 dt. 04-07-2025
upheld. Consequently, the prayer made in the writ application is
rejected and the writ application is dismissed.
15. All pending I.As, if any, will be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
AFR/NAFR AFR
CAV DATE 01.07.2025.
Uploading Date 04.07.2025.
Transmission Date
