S. Chandrashekhar, J. - (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 The petitioner moved this Court in W.P.(C) No. 5899 of 2010, which was dismissed as withdrawn on 03.12.2010 with liberty to the petitioner to file election petition.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. The learned counsel for the petitioner submits that though the petitioner submitted the affidavit of Sri Ram Krishna Sharma stating that his name has wrongly been mentioned at Sl. No. 129 in the Electoral Roll, the same was not considered and her nomination has been illegally rejected. It is submitted that along with the affidavit, a copy of Electoral Roll and the identity card issued by the Election Commission of India was also produced before the Electoral Officer, which would establish that the name of said Ram Krishna Sharma has wrongly been recorded as Ram Krishna Thakur at Sl. No. 129. Nonetheless, the nomination of the petitioner has been improperly rejected. Mr. Jai Prakash, the learned AAG submits that it is not correct that the petitioner submitted documents prior to the last date for filing nomination paper rather, he submitted documents on 22.11.2010 whereas, the last date for filing nomination paper was 14.11.2010. The Sub -Divisional Officer and the Election Officer have recorded finding that when the petitioner submitted her nomination paper, affidavit of the Ram Krishna Sharma as alleged by the petitioner was not submitted rather, photocopy of the affidavit has been submitted along with the election petition. During the trial, the said Ram Krishna Sharma was not examined and the petitioner closed the evidence after examining herself. In these facts, I find no infirmity in the impugned order dated 07.05.2013 and accordingly, the present writ petition is dismissed.;