Bal Govind Modi vs State of Jharkhand And Ors

The present writ petition is taken up today through Video conferencing.

At the request of Mr. Hemant Kumar Shikarwar, learned counsel for the petitioner is permitted to implead the State Election Commission, Jharkhand

through its Secretary, Nirwachan Bhawan, Ratu Road, Ranchi as respondent no.9 in the present writ petition.

Considering the present situation prevailing due to outbreak of Coronavirus (COVID-19) pandemic, the office is directed to make necessary insertion

in the cause title of the writ petition.

Dr. Ashok Kumar Singh, Advocate appears and waives notice on behalf of the newly impleaded respondent no.9.

The present writ petition has been filed for issuance of direction upon the respondent-authorities to publish the electoral roll of Jhumri Telaiya

Municipal Council. The petitioner has also prayed for making proper survey and to make appropriate correction in the voter list particularly with regard

to Ward No.23, as according to the petitioner, “Gas Godown Gali, Jhumri Telaiya†is being made part of Ward No.24 without taking any step for

delimitation of the wards in the said municipal council.

Mr. Bharat Kumar, learned counsel appearing on behalf of the respondent nos.4 to 6 submits that since the dispute raised by the petitioner is with

regard to preparation of the electoral roll and the State Election Commission, Jharkhand has been vested with the said power under Section 538 of the

Jharkhand Municipal Act, 2011, the petitioner has the efficacious remedy of agitating the present dispute before the State Election Commission,

Jharkhand.

Having heard learned counsel for the parties and keeping in view the nature of the dispute raised by the petitioner in the present writ petition, without

entering into the merit of the case, the petitioner is given liberty to prefer an application on the present issue before the State Election Commission,

Jharkhand. On receipt of the said application, the respondent no.9 shall take appropriate decision on the said application within a reasonable period.

The writ petition is disposed of with aforesaid liberty and direction.