The High Court · 2023
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) L.P.A. No. 328 of 2022 --------- 1. Tarun Dutta, aged about 63 years, son of late Nabin Chandra Dutta; 2. Sukhan Dutta, aged about 58 years, son of Shyam Chandra Dutta; 3. Barun Dutta, aged about 59 years, son of Pranab Dutta, All resident of Lakhijole, P.O.-Bondiga, P.S.-Pakuria, District-Pakur Versus … Appellants 1. The State of Jharkhand; 2. The Deputy Commissioner, Pakur, P.O.+P.S.-Pakur, District-Pakur 3. Sub-Divisional Officer, Pakur, P.O.+P.S.-Pakur, District-Pakur 4. The Election Registration Officer, Pakur, P.O.+P.S.-Pakur, District-Pakur, 5. Swaroop Dutta, son of late Gurutaran Dutta, resident of village-Lakhijole, P.O.+P.S.-Pakuria, District-Pakur, Jharkhand 6. Dilip Dutta, son of Late Sakori Datta, R/o village-Lakhijole, P.O.&P.S.- Pakuria, District-Pakur 7. The Deputy Commissioner, Dumka, PO&PS-Dumka, Dist.-Dumka. ... Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Appellants : Mr. Rajeeva Sharma, Sr. Advocate For the State For Resp. No.5 Mr. Ritesh Kumar, Advocate : Mr. Gaurang Jajodia, AC to GP-II : Mr. Arbind Kumar, Advocate ---------
Decision
O R D E R 30th August 2023 I.A. No. 7082 of 2023 This interlocutory application has been filed under section 5 of the Limitation Act seeking condonation of delay of 102 days in filing the present Letters Patent Appeal. 2. In view of the statements made in this interlocutory application, the delay of 102 days in filing this appeal is condoned. 3. 4. I.A. No. 7082 of 2023 is, accordingly, allowed. L.P.A. No. 328 of 2022 Challenging the order passed by the Deputy Commissioner at Pakur in RMP Case No.1 of 2003, Swaroop Kumar Dutta approached the writ Court in WP(C) No.4385 of 2003. 2 L.P.A. No. 328 of 2022 5. The writ Court has held as under: “Considering the same, this Court directs the respondent-authorities to enroll the name of the petitioner in the electoral roll Pakuria, if there is no legal impediment as envisaged under Section 16 of the Representational of the People Act, 1950 with regard to disqualification for registration in electoral roll after taking an affidavit that he is not enrolled anywhere in India in the electoral roll except he has applied for enrollment in the constituency of Pakuria. Accordingly, the instant writ petition is hereby allowed. The petitioner is directed to serve the order along with the requisite document before the concerned authority and co-operate the concerned authority. The respondent authorities are directed to record his name in the electoral list within 30 days from the date of service of the order, if there is not legal impediment as envisaged under Section 16 of the Representation of the People Act, 1950.” 6. In RMP Case No.1 of 2003, the Deputy Commissioner on the basis of an enquiry conducted through the Block Development Officer recorded a finding that Swaroop Kumar Dutta is a permanent resident of Dumka Assembly Constituency and his name appears at Sl. No.436 under Part No.20, House No.72. However to lay a claim over a piece of land situated at village-Lakhijor within Maheshpur Assembly Constituency he got his name entered at Sl. No.558 in Part No.203, House No.25. The Deputy Commissioner also referred to the evidence collected by the Block Development Officer to the effect that Swaroop Kumar Dutta is not a permanent resident of village-Lakhijor and he has no house there. On the contrary, Swaroop Kumar Dutta is a resident of village-Bandhpara in the district of Dumka and he never made an application for removing his name from Dumka Assembly Constituency. Having regard to the aforesaid facts, the Deputy Commissioner passed an order for striking of the name of Swaroop Kumar Dutta from Part No.203 of Maheshpur Assembly Constituency and ordered his prosecution under section 31 of the Representation of People Act, 1950 for making a false declaration. 7. This is not a requirement in law that a person should possess landed property at the place where he intends to enroll himself as a voter and all that is required of him is to make a declaration about his intention in respect thereof. The writ Court referred to Partition Suit No.1 of 1996 which was decreed vide judgment dated 29th April 2008 and a decree thereon was signed on 12th May 2008. Swaroop Kumar Dutta has properties at village-Bandhpara within the district of Dumka but this is also a matter of record that by virtue of the judgment and decree prepared in Partition Suit No.1 of 1996 Swaroop Kumar Dutta shall inherit a piece of land situated at village-Lakhijole within the district of Pakur. 3 L.P.A. No. 328 of 2022 Tarun Kumar Dutta, Sukhan Dutta and Barun Dutta are parties to Partition Suit No.1 of 1996 and they have challenged the judgment dated 29th April 2008 and decree prepared thereon dated 12th May 2008 by filing Title Appeal No.2 of 2008. The complaint made by them to the Deputy Commissioner apparently emanates from a personal dispute. 8. This was also brought to the notice of the writ Court vide Annexure-7 that the name of Swaroop Kumar Dutta has been deleted from village-Bandhpara, Ward No.1 in the district of Dumka. In the background of the aforesaid facts, the writ Court passed an order to the effect that name of the writ petitioner shall be entered in the electoral roll from village-Pakuria provided there is no legal impediment under section 16 of the Representation of People Act, 1950. The writ Court further ordered that the writ petitioner shall file an affidavit stating that his name is not entered in the electoral roll at any other part of the country. 9. Having regard to the aforesaid facts and circumstances in the case, the direction issued by the Deputy Commissioner for prosecution of Swaroop Kumar Dutta for making a false declaration under section 31 of the Representation of People Act, 1950 was not proper and, accordingly, no interference is required with the writ Court’s order. 10. L.P.A. No. 328 of 2022 is dismissed. (Shree Chandrashekhar, J.) (Anubha Rawat Choudhary, J.) Jharkhand High Court, Ranchi Dated: 30th August 2023 R.K/N.A.F.R