Jharkhand High Court
Santosh Hembram vs Rabindra Nath Mahto on 5 October, 2023
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Election Petition No. 06 of 2020
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Santosh Hembram ..... Petitioner Versus Rabindra Nath Mahto ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Mukesh Kumar Dubey, Advocate
For the Respondent : Mr. Arbind Kumar Lal, Advocate
: Mr. Anil Kumar, Advocate
For the Additional
Collector-cum-
Election Officer, 08
Nala Assembly
Constituency,
Jamtara
: Mr. Ashutosh Anand, A.A.G.-III
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26/05.10.2023 Mr. Shashi Bhushan Mehra, Deputy
Commissioner, Jamtara, Mr. Surendra Kumar, Additional Collector-cum-Election Officer, 08 Nala Assembly Constituency, Jamtara and Mr. Pradhan Manjhi, the Nodal Officer-cum-Treasury Officer, Jamtara are present today in the Court pursuant to Order dated 27.09.2023 passed by this Court.
2. A show-cause has been filed on behalf of Mr. Surendra Kumar, Additional Collector-cum- Election Officer, 08 Nala Constituency, Jamtara and two separate counter affidavits have been filed on behalf of Mr. Shashi Bhushan Mehra, Deputy Commissioner, Jamtara and Mr. Pradhan Manjhi, the Nodal Officer-cum-Treasury Officer respectively.
Let all be kept on record.
3. 'Sealed Cover' sent vide Letter No. 01/Camp, Ranchi dated 09.09.2023 by Mr. Surendra Kumar, Additional Collector-cum-Election -2- Officer, 08 Nala Assembly Constituency, Jamtara to the Assistant Registrar XII, Jharkhand High Court, containing documents at Serial No. 6 and 7 of the list of documents sent earlier, is opened in presence of the learned counsel for the petitioner, learned Addl. A.G.-III, learned counsel for the sole respondent as well as the Deputy Commissioner, Jamtara, the Additional Collector-cum-Election Officer, 08 Nala Constituency, Jamtara and the Nodal Officer-cum-Treasury Officer, Jamtara, who are present today in this Court.
4. It has been pointed out that so far as document at Serial No. 6 is concerned, both the sides have no dispute.
5. However, so far as document at Serial No. 7 of the list is concerned, which is the photocopy of Format 7K (7/ Ka), List of candidates contesting election in 08, Nala Assembly Constituency, Jamtara, the same has been disputed by the learned counsel for the petitioner.
6. Learned counsel for the petitioner has submitted that format 7K (7/Ka), which is enclosed as Annexure 4 in this Election Petition, contains the name of 16 persons without having any photograph, whereas the document at Serial No. 7 of the list, which has been taken out of the Sealed Cover in the open Court, which is also a photocopy of Format 7K (7/Ka), is in a different sheet containing the details and photographs of the candidates in a different -3- manner from the document which is at Annexure 4 of this Election Petition.
7. Under the circumstances, the document, i.e. the Annexure 4 enclosed with the instant Election Petition and Document at Serial No.7, i.e. Format 7K (7/Ka) opened today in the Court containing the details and photographs of the candidates in a different manner from the document which is at Annexure 4 of this Election Petition shall be considered at the time of final 'Hearing' of the case.
8. So far as Document at Serial No. 5, i.e. the publicity material as printed and submitted before the Election Authority by the Returned Candidate, namely Rabindra Nath Mahto in compliance of the Section-127 of the Representation of Peoples Act, 1951 is concerned, the learned A.A.G.-III, in presence of the Deputy Commissioner, Jamtara, the Additional Collector-cum-Election Officer, 08 Nala Constituency, Jamtara and the Nodal Officer-cum- Treasury Officer, Jamtara, has submitted that the same is not available in the office of the District Electoral Officer, Jamtara although, Additional Collector-cum-Election Officer, 08 Nala Constituency, Jamtara has earlier sent a Sealed envelope mentioning the aforesaid publicity material as Document No. 5 in the list of documents, which was not found during inspection being carried out jointly by the learned counsel for the petitioner and -4- the sole respondent in presence of Joint Registrar, Judicial of the Jharkhand High Court.
9. Under the circumstances, it is evident that the publicity material, marked as Document No. 5 in the list of documents sent by the Additional Collector-cum-Election Officer, 08 Nala Assembly Constituency, Jamtara is not in the office of Additional Collector-cum-Election Officer, however, said Officer is directed to remain cautious in future as he should have examined the documents before sending it to a Court of law.
10. Therefore, it can be inferred at this stage that Annexure 5 enclosed with the Election petition is not available in the office of Mr. Surendra Kumar, Additional Collector-cum-Election Officer, 08 Nala Constituency, Jamtara.
11. It appears that documents mentioned at Serial No. 1, 2, 3, 6 and 7 were provided by the Nodal Officer-cum-Treasury Officer, Jamtara to the Additional Collector-cum-Election Officer, 08 Nala Assembly Constituency, Jamtara, which is not appreciated by this Court as the Nodal Officer-cum- Treasury Officer, Jamtara is not supposed to maintain these documents and therefore, the practice followed in the District Jamtara is not appreciated by this Court.
12. It will be further desirable that the State must take step in future that the Officer, who has been assigned a specific work may not deviate and no power should be delegated to any other officer to -5- do the said work, failing which the court may take a serious view.
13. The explanation filed by Mr. Surendra Kumar, Additional Collector-cum-Election Officer, 08 Nala Constituency, Jamtara, is accepted for the present with a direction to him to remain careful in future.
14. In view of the above, physical appearance of Mr. Shashi Bhushan Mehra, Deputy Commissioner, Jamtara, Mr. Surendra Kumar, Additional Collector -cum- Election Officer, 08 Nala Constituency, Jamtara and Mr. Pradhan Manjhi, the Nodal Officer-cum-Treasury Officer, Jamtara is dispensed with for the present.
15. It appears that this case has been fixed under the heading for admission instead of 'For hearing'.
16. Office is directed to list this case under the heading 'For Hearing' for examining the witnesses as the case has been already admitted vide order dated 09.12.2021, passed by the Co-ordinate Bench of this Court.
17. Put up this case on 10th October, 2023 for examination of witnesses. The petitioner is directed to produce his witnesses.
(Sanjay Prasad, J.) s.m.