Khadi Gram Udyog Sangh Dhanbad vs State Of Jharkhand And Ors

Mr. Indrajit Sinha, learned counsel for the petitioner at the outset has sought for leave of this Court to implead Inspector General (Registration), Jharkhand, Ranchi as respondent No.9 since according to him, against the illegality committed in the election, which is the subject matter of the writ petition, has been brought to the notice of the Inspector General (Registration), Jharkhand, Ranchi as would appear from Annexure-9 but due to inadvertence, the said functionary of the State of Jharkhand could not have been impleaded as party to the proceeding.

This Court after hearing the learned counsel for the petitioner and looking to the nature of dispute, deem it fit and proper to grant leave to implead Inspector General (Registration), Jharkhand, Ranchi as respondent No.9 in course of the day.

It is a case under Article 226 of the Constitution of India wherein the question of commission of irregularity alleged to have been committed in the election held on 30th October, 2017 of the Khadi Gram Udyog Sangh, Dhanbad, has been challenged.

Mr. Indrajit Sinha, learned counsel for the petitioner at the outset has submitted that the entire grievance has been raised before the Inspector General (Registration), Jharkhand, Ranchi vide representation dated 28.11.2017 and as such he may be directed to look into the same and take decision about the grievance of the petitioner.

Mr. H.K. Mehta, learned A.A.G. appearing for the State of Jharkhand has raised no objection to such submission of the learned counsel for the petitioner.

Mr. Shiv Kumar Sharma, learned counsel has also put his appearance to represent respondent No.6.

Upon hearing learned counsel for the parties and looking to the nature of relief sought for by the petitioner and taking into the consideration the nature of grievance involved in this case, it is the view of this Court that the writ petition is not maintainable.

However, the petitioner since has ventilated his grievance before the Inspector General (Registration), Jharkhand, Ranchi vide representation dated 28.11.2017, therefore, this Court without entering into the merit of the claim of the petitioner and with consent of the parties, directs the said authority to look into the grievance of the petitioner and take decision in accordance with law within a period of six weeks from the date of receipt of copy of the order after providing an opportunity of hearing to the petitioner and also to the affected parties, if any.

The writ petition is accordingly disposed of.

Pending Interlocutory application(s), if any, also stands disposed of.