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2026 DAILYLAW 3325 (JHR)

NAVIN KUMAR SINHA @ RINKU LAL v. THE ELECTION COMMISSION OF INDIA THRO ITS CHIEF ELECTION COMMISSIONER

WPC/2055/2026 · 2026-04-02

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:9346 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2055 of 2026 ------ Navin Kumar Sinha @ Rinku Lal, Age 51 years, Son of Jawahar Lal, Resident of village Dharmpur, P.O., P.S. and District-Latehar (Jharkhand)-829206. … … Petitioner(s) Versus 1. The Election Commission of India through its Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi. P.O. GPO, P.S. Sansad Marg., District-New Delhi-110001. 2. Jharkhand State Election Commission through its Commissioner, Nirvachan Bhawan, New Market Chowk, Ratu Road, Ranchi, P.O. GPO, P.S. Sukhdeonagar, District-Ranchi- 834001. 3. The Deputy Commissioner cum District Election Officer, Latehar, P.O., P.S. and District-Latehar. 4. The Returning Officer Cum Sub-Divisional Officer, Latehar, P.O., P.S. and District-Latehar. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ajay Kr. Trivedi, Advocate For the Respondent(s) : Mr. Aditya Kumar, AC to Sr. SC-I Mr. Sachin Kumar, Advocate Mrs. Richa Sanchita, Advocate Mrs. Malsi Pathak, Advocate ------ 03/ 02nd April, 2026 1. Heard the learned counsel for the petitioner, learned counsel appearing on behalf of the Jharkhand State Election Commission and learned counsel appearing on behalf of the Election Commission of India. 2. By filing this writ petition, the petitioner is challenging the election of Jairam Kapoor who is declared as return candidate in Councilor Election in Ward No.4 of Nagar Panchayat, Latehar. The petitioner alleges several illegalities / irregularities. 3. Since the election of Jairam Kapoor as Councilor of Ward No.4 of Nagar Panchayat, Latehar is under challenge, in my opinion this writ petition filed under Article 226 of the Constitution of India is not maintainable. As per Section 580 of Jharkhand Municipal Act, 2011, a person who is aggrieved by the election and is challenging the election of any returned candidate, has to file an election petition before the authority as prescribed under the Act. 4. Section 580 of the Jharkhand Municipal Act, 2011, 2026:JHHC:9346 2 reads as follows:- “580. Election Petition (1) The election to any office of a municipality shall not be called in question except by an election petition as prescribed: Provided that if an election to any office of a Nagar Panchyat is under dispute, the election petition shall lie before such Munsif within whose jurisdiction such Nagar Panchyat is situated and if the election to any office of Municipal Council and Municipal Corporation is under dispute, the election petition shall lie before such Sub-Judge within whose jurisdiction such municipality is situated.” 5. Considering the specific provision as enshrined in Section 580 of the Jharkhand Municipal Act, 2011, I am not inclined to entertain this writ petition. According this writ petition is dismissed. 6. The petitioner is at liberty to avail the alternative remedy, if available. (ANANDA SEN, J.) 02.04.2026 S.K.D/CP-2 Uploaded on 07.04.2026