PATNA HIGH COURT ISSUES JUDGEMENT ON UGAN JHA V/S THE STATE ELECTION COMMISSION

PATNA, India, July 9 -- Patna High Court issued the following judgment on July 4:

Heard the parties.

2. The present application has been filed by the petitioner praying for the following reliefs: -

(i) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 10.04.2024 passed by the Respondent no.2 in Case No.80 of 2021 (Raushan Mishra Vs. Ugan Jha @ Ugranath Jha) and communicated to all concerned under the signature of the Respondent no.3 and contained in his memo no.1793 dated 10.04.2024, whereby and where under the Respondent no.2 has been pleased to declare the petitioner disqualified to hold the post of Mukhiya of Gram Panchayat Raj, Ramauli under Benipur Block of Darbhanga District on the ground that on the date of his election, the petitioner was holding the office of profit since he was gainfully employed in an Institution receiving aid from the State Government.

(II) For a declaration that since before filing his nomination to contest 2021 Panchayat Election for the post of Mukhiya of Gram Panchayat Raj, Ramauli on 09.09.2021, the petitioner had already submitted his resignation on 05.09.2021 before Secretary of Governing Body of the College and his resignation was accepted by the Secretary of Governing Body of the College on 06.09.2021 in anticipation of its approval by the Governing Body of the College in exercise of his power under Clause-7 of Statute No.32 of the Bihar State Universities Act, 1976, the decision of the Secretary accepting the resignation of the petitioner on 06.09.2021 was approved by the Governing Body in its meeting dated 12.04.2022, there was no occasion for the Respondent no.2 to declare the petitioner disqualified to hold the post.

(III) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities for reinstatement of the petitioner to the post of Mukhiya of Gram Panchayat Raj, Ramauli under Benipur Block of Darbhanga District which he was holding immediately before the impugned order came to be passed by the Respondent no.2 declaring him disqualified to hold the post.

(IV) For issuance of any other appropriate writ/writs. order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. Learned counsel appearing for the petitioner submits that in order to file his nomination paper before the Returning Officer to contest the Panchayat Election 2021, the petitioner has tendered his resignation from the post of Typist in Ayachi Mithila Mahila College, Bahera, Benipur on 05.09.2021 (Annexure-P-2) and this resignation letter was addressed to the Secretary of the Governing Body and also to the Principal of the College. Considering the urgency of the matter, the Secretary of Governing Body of the College directed the Principal to place the petitioner's resignation before him in file. Learned counsel further submits that perusal of the letter of resignation will reveal that the Principal of the College had also directed the Head Clerk of the College to put up the petitioner's resignation in file.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjODIxNSMyMDI0IzEjTg==-n72DH9Qsk0o=

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