SAVITRI DEVI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) AGGRIEVED by order dated 07.05.2013 in Election Petition No. 01 of 2011, the present writ petition has been filed. The brief facts of the case are that, the petitioner was a candidate for the post of Mukhiya, Khariodih Panchayat. He filed his nomination which was proposed by one Sri Ram Krishna Sharma, whose name appeared at Sl. No. 129 in the Electoral Roll. It is stated that due to typographical error, the name of the said Ram Krishna Sharma was mentioned as Ram Krishna Thakur and therefore, the petitioner submitted an affidavit dated 03.11.2010 duly sworn by the said Ram Krishna Sharma however, the nomination of the petitioner has been illegally rejected. The petitioner submitted her representation on 22.11.2010 however, the election was held on scheduled date and the petitioner was illegally prevented from contesting the election. The petitioner moved this Court in W.P.(C) No. 5899 of 2010, which was dismissed as withdrawn on 03.12.2010 with liberty to the petitioner to file election petition. Accordingly, the petitioner filed Election Petition No. 01 of 2011 under Section 151 of the Jharkhand Panchayati Raj Act, 2001. Since, the respondent No. 2 was unnecessarily delaying the disposal of the case, the petitioner approached this Court in W.P.(C) No. 2036 of 2013. In the meantime, vide order dated 07.05.2013, the election petition filed by the petitioner has been dismissed. Aggrieved, the petitioner has approached this Court by filing the present writ petition.

(2.) HEARD learned counsel appearing for the parties and perused the documents on record.