## Report on Election Petition Withdrawal in Jharkhand High Court
**1. Executive Summary:**
This report analyzes a notification concerning the withdrawal of Election Petition No. 01 of 2016, filed in the High Court of Jharkhand at Ranchi by Smt. Nirmala Devi against Shri Mukhtar Abbas Naqvi and Shri Mahesh Poddar. The notification, issued by the Election Commission of India, publishes the High Court's order dismissing the petition as withdrawn following the petitioner's application and due publication of notice with no objections received. The key finding is that the election petition is formally closed, and the security deposit is permitted to be withdrawn.
**2. Introduction:**
This report aims to provide an informative overview of the Election Commission of India's notification regarding the withdrawal of Election Petition No. 01 of 2016 in the High Court of Jharkhand. The analysis is based solely on the provided text of the notification.
**3. Policy Overview:**
* This document relates to the implementation of the Representation of the People Act, 1951.
* **Core Objective(s):** The immediate objective, based on the provided text, is to officially record and publicize the High Court's order regarding the withdrawal of an election petition, as mandated by Section 106 of the Representation of the People Act, 1951.
**4. Background and Rationale:**
* The underlying issue is an election petition filed by Smt. Nirmala Devi challenging the election of Shri Mukhtar Abbas Naqvi and Shri Mahesh Poddar to the Council of States from Jharkhand. The reason for the withdrawal is not stated within the provided text; however, the document details the steps taken by the petitioner and the court leading to the dismissal of the petition.
**5. Key Provisions / Changes:**
Since the provided text describes the withdrawal of an election petition, this section focuses on the *process* and the *consequences* as detailed in the document, rather than an amendment to existing law.
* The petitioner, Smt. Nirmala Devi, filed a withdrawal petition.
* Notice of the withdrawal was published in the official gazette of the Election Commission of India under Section 111 of the Representation of People Act, 1951.
* No objections were received following the publication.
* The High Court dismissed the election petition as withdrawn.
* The High Court permitted the withdrawal of the security amount of Rs.2000 deposited at the time of filing the election petition, as per Section 111 of the Representation of the People Act, 1951.
**6. Target Audience and Stakeholders:**
* **Directly Affected:** Smt. Nirmala Devi, Shri Mukhtar Abbas Naqvi, Shri Mahesh Poddar, the Election Commission of India, and the High Court of Jharkhand. More broadly, the individuals and organizations involved in the electoral process in Jharkhand are affected as well.
* **Wider Impact:** The Council of States (Rajya Sabha) and the Chief Election Commissioner, New Delhi, are also directly addressed through communication requirements.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The High Court of Jharkhand, the Election Commission of India, and the Chief Election Commissioner, New Delhi are directly responsible.
* **Timelines/Procedures:** The text outlines a specific sequence: filing of a withdrawal petition, publication of notice in the official gazette, review for objections, court order for dismissal, and communication to relevant authorities. The timeline is implied but not explicitly defined, spanning from the petition's filing (Election Petition No. 01 of 2016) to the order date (December 1, 2022) and the subsequent publication (December 27, 2022).
**8. Expected Outcomes / Impact of Changes:**
The intended outcome is the formal closure of Election Petition No. 01 of 2016. The election of Shri Mukhtar Abbas Naqvi and Shri Mahesh Poddar to the Council of States from Jharkhand is no longer subject to challenge through this particular petition. The withdrawal also signifies the termination of legal proceedings for all parties involved.
**9. Conclusion:**
The notification documents the withdrawal of Election Petition No. 01 of 2016, marking the conclusion of legal proceedings related to the election of Shri Mukhtar Abbas Naqvi and Shri Mahesh Poddar. The formal dismissal by the High Court and its publication by the Election Commission of India underscore the adherence to established legal procedures under the Representation of the People Act, 1951.
Key Entities Referenced
High Court of Jharkhand at Ranchi: Court which issued the order regarding the election petition.
Election Petition No. 01 of 2016: The case number of the election petition.
Nirmala Devi: The petitioner in the election petition.
Mukhtar Abbas Naqvi: Respondent No. 1 in the election petition, whose election was called into question.
Mahesh Poddar: Respondent No. 2 in the election petition, whose election was called into question.
Gautam Kumar Choudhary: The judge who presided over the case.
Arvind Kumar Lall: Advocate representing the petitioner, Nirmala Devi.
Chandra Prakash: Advocate representing the Respondent No. 1, Sri Mukhtar Abbas Naqvi.
Anupam Anand: Advocate representing the Respondent No. 2, Mahesh Poddar.
Election Commission of India: The organization responsible for publishing the order of the High Court of Jharkhand.
Representation of the People Act, 1951: The act cited in the document regarding the election petition and withdrawal process. Sections 106 and 111 are specifically mentioned.
Council of States: The election of Mukhtar Abbas Naqvi and Mahesh Poddar to the Council of States (Rajya Sabha) from the State of Jharkhand was called into question.
State of Jharkhand: The state from which the election petition originated.
Chief Election Commissioner, New Delhi: The authority to whom a copy of the order should be communicated
Chairman of Rajya Sabha: The authority to whom a copy of the order should be communicated
Suman Kumar Das: Secretary who signed the order.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-27122022-241454
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CG-DL-E-27122022-241454
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 79] िई दिल्ली, मगं लर्ार, दिसम्ब र 27, 2022/पौर् 6, 1944
No. 79] NEW DELHI, TUESDAY, DECEMBER 27, 2022/PAUSA 6, 1944
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल्ली, 27 दिसम् बर, 2022
आ.अ. 79(अ).—लोक प्रजतजिजधत्र् अजधजियम, 1951 (1951 की 43) की धारा 106 के अिुसरण म,ें भारत
जिर्ााचि आयोग झारखण् ड राज्य से राज्य सभा के सिस्ट् यों के रूप म ें श्री मख्ु तार अब् बास िकर्ी और श्री महिे पोद्दार के
जिर्ााचि पर प्रश्न उठात े हुए, श्रीमती जिमाला िेर्ी द्वारा िायर र्र् ा 2016 की जिर्ााचि याजचका स.ं 1 म ें रांची जस्ट्ित
झारखण्ड उच्च न्यायालय के दििांक 01 दिसंबर, 2022 के आिेि को एतद्द्वारा प्रकाजित करता ह।ै
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Election Petition No. 01 of 2016
Smt. Nirmala Devi ... ... ... Petitioner
Versus
1. Sri Mukhtar Abbas Naqvi
2. Mahesh Poddar ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Arvind Kumar Lall, Advocate
For the Respondent No. 1 : Mr. Chandra Prakash, Advocate
For the Respondent No. 2 : Mr. Anupam Anand, Advocate
Md. Aslam, Advocate
8684 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
Oral Order
52/Dated : 01.12.2022
It is submitted by learned counsel, Mr. Arvind Kumar Lall that he is representing election
petitioner- Smt. Nirmala Devi and on her instruction, earlier a withdrawal petition was filed. After filing of
the withdrawal petition, notice for withdrawal has been duly published in the official gazette of Election
Commission of India under Section 111 of the Representation of People Act, 1951 and no objection has
been received so far.
Under the circumstance, instant petition is dismissed as withdrawn.
Let a copy of this order be communicated to Chief Election Commissioner, New Delhi and
Chairman of Rajya Sabha.
On the prayer of learned counsel, security amount of Rs.2000/- deposited at the time of filing of
election petition in terms of Section 111 of the Representation of People Act, 1951 is permitted to be
withdrawn.
I.A. No. 6416 of 2022 filed for withdrawal of election petition, is hereby, allowed.
All the other I.As. are accordingly disposed of.
Sd./-
(Gautam Kumar Choudhary, J.)
[फा. स.ं 82/सीएस-िेएच/1/16/2022-बीई]
आिेि स,े
सुमि कुमार िास, सजचर्
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 27th December, 2022
O.N. 79(E).—In pursuance of Section 106 of the Representation of the People Act, 1951 (43 of
1951), the Election Commission of India hereby publishes the order dated 01st December, 2022 of the High
Court of Jharkhand at Ranchi in the Election Petition No. 01 of 2016 filed by Shrimati Nirmala Devi
calling in question the election of Shri Mukhtar Abbas Naqvi and Shri Mahesh Poddar as the Members of
the Council of States from the State of Jharkhand.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Election Petition No. 01 of 2016
Smt. Nirmala Devi ... ... ... Petitioner
Versus
1. Sri Mukhtar Abbas Naqvi
2. Mahesh Poddar ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Arvind Kumar Lall, Advocate
For the Respondent No. 1 : Mr. Chandra Prakash, Advocate
For the Respondent No. 2 : Mr. Anupam Anand, Advocate
Md. Aslam, Advocate[भाग II—खण् ड 3(iii)] भारत का रािपत्र : असाधारण 3
Oral Order
52/Dated : 01.12.2022
It is submitted by learned counsel, Mr. Arvind Kumar Lall that he is representing election
petitioner- Smt. Nirmala Devi and on her instruction, earlier a withdrawal petition was filed. After filing of
the withdrawal petition, notice for withdrawal has been duly published in the official gazette of Election
Commission of India under Section 111 of the Representation of People Act, 1951 and no objection has
been received so far.
Under the circumstance, instant petition is dismissed as withdrawn.
Let a copy of this order be communicated to Chief Election Commissioner, New Delhi and
Chairman of Rajya Sabha.
On the prayer of learned counsel, security amount of Rs.2000/- deposited at the time of filing of
election petition in terms of Section 111 of the Representation of People Act, 1951 is permitted to be
withdrawn.
I.A. No. 6416 of 2022 filed for withdrawal of election petition, is hereby, allowed.
All the other I.As. are accordingly disposed of.
Sd./-
(Gautam Kumar Choudhary, J.)
[F. No. 82/CS-JH/1/16/2022-BE]
By Order,
SUMAN KUMAR DAS, Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.