High CourtsSingle Bench(2018) 01 JH CK 0029

Sibeswar Besra vs The State of Jharkhand & Ors.

Jharkhand High Court · Decided on 21 January 2018

HON’BLE JUDGES
Anant Bijay Singh
CASE NUMBER
1 of 2015

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Judgment

17 paragraphs · 295 words
1.

From perusal of the record, it appears that on 26.09.2016 issue was framed by a Bench of this Court, which is as follows:-

Whether the office of Dumper Operator held by the election petitioner in the Eastern Coalfields Ltd., is the office of profit or not?

2.

It is further held that learned counsel for the respondents has also challenged the maintainability of the election petition filed in the present form,

but for that also no evidence is required to be adduced.

3.

So, matter was directed to be listed on 25.11.2016, for final hearing. Thereafter, matter was listed before this Court and was taken up on

14.12.2017 and office was directed to ascertain the fact as to whether Mr. Sachin Kumar has filed the Vakalatnama on behalf of the respondent

no.3, State Election Commission or not as a copy of the election petition has been served upon him.

4.

Today, learned counsel, Mr. Sachin Kumar has appeared and submitted that he did not appear on behalf of the respondent No.3, State

Election Commission and copy served upon him has been returned.

5.

Mr. Dr. A. K. Singh has appeared on behalf of the respondent no.2, Returning Officer, Sarath, Legislative Election Constituency.

6.

Learned counsel for the petitioner seeks permission to file an interlocutory application for deleting the name of respondent no.3, State Election

Commission from array of parties.

7.

Further it appears that respondent no.2 has filed proposed issues on 31.08.2016 and no effective order has been passed on these proposed

issues.

8.

So, learned counsel for the petitioner is directed to file rejoinder to the aforesaid proposed issues, dated 31.08.2016, filed on behalf of the

respondent no.2, so that effective order be passed by this Court.

9.

List this case on 18.01.2018.