Jharkhand High Court
Kanchan Mala Tirkey vs The State Of Jharkhand on 30 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 777 of 2021
Kanchan Mala Tirkey ..... Petitioner
Versus
1. The State of Jharkhand
2. Shri K. Ravi Kumar, Chief Electoral Officer, Jharkhand, Ranchi
..... Opposite Parties
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Md. Abdul Wahab
For the State: Ms. Amrita Banerjee, A.C to G.P-I
For O.P.No.2: Ms. Ayushri
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06/30.01.2024 The present contempt application has been filed against the O.P.No.2
alleging wilful disobedience and non-compliance of the order dated 14.01.2020 passed by this Court in W.P.(C) No. 5303/2015.
Ms. Ayushri, A.C to Dr. Ashok Kr. Singh, learned counsel for the O.P.No.2, refers to paragraphs 5, 6 & 7 of the show cause affidavit dated 19.01.2024 filed on behalf of the said opposite party, which read as under:
''5. That the matter involved in W.P.(C) No. 5303 of 2015 as well as the instant contempt application relates to declaration of Madhya Narayanpur Panchayat in district Sahibganj as reserved for Scheduled Tribe in view of the provisions contained u/s 4(g) of PESA Act, 1996. This can be done by the State Election Commission, Jharkhand only. Not by the Chief Electoral Officer of Jharkhand. However, the State Election Commission was not made a party respondent in W.P.(C) No. 5303 of 2015 as well as in the instant contempt petition.
6. That since the issue involved in W.P.(C) No. 5303 of 2015 relates to the State Election Commission and Panchayati Raj Department, the C.E.O, Jharkhand referred the matter to the concerned administrative department/State Election Commission vide letter No. 250 dated 10.02.2020 for suitable action as per the direction of the Hon'ble Court.
7. That vide its letter No. 82 dated 18.02.2021 the State Election Commission, Jharkhand has written that the State Election Commission was not a party respondent in W.P.(C) No. 5303/2015. As such, it can do nothing on the representation filed by the petitioner till such time as the order of this Hon'ble Court is not suitably amended. Accordingly, the representation filed by the petitioner pursuant to the order of this Hon'ble Court in W.P.(C) No. 5303/2015 has been returned to the office of Chief Electoral Officer, Jharkhand by the State Election Commission.'' Considering the aforesaid statements made in the show cause affidavit dated 19.01.2024 and keeping in view that it is not possible for the O.P.No.2 to comply the aforesaid order of this Court, no case of contempt is made out against him.
The contempt proceeding as against the O.P.No.2 is dropped. The present contempt application stands disposed of.
Satish/- (RAJESH SHANKAR, J)