IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No.1137 of 2009
Nishant Dev. ... ... ... ... ...Petitioner
-Versus-
Union of India & Others. ... ... ... ...Respondents
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CORAM: THE HON' BLE MR. JUSTICE M.Y. EQBAL
THE HON'BLE MR. JUSTICE D.K.SINHA
For the Petitioner: Mr. Pawan Kumar Choudhary, Advocate.
For the Respondents: M/s P.K.Prasad, A.G. & Md. Mokhtar Khan,
Advocate.
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02/ 17.03.2009
This application, by way of Public Interest Litigation, has
been filed for the following reliefs:
(i) To declare and hold Parliamentary Election in
the State of Jharkhand giving reservation of seats for
the Schedule Castes and Scheduled Tribes in the
House of the People in terms of Article 330(2) of the
Constitution of India.
(ii) To declare and hold Assembly Election in the
State of Jharkhand giving reservation of seats for
Scheduled Castes and Scheduled Tribes in the
Legislative Assembly of the State in terms of Article
332(3) of the Constitution of India.
(iii) Petitioner further prays for an alternative prayer
commanding and directing upon the respondent(s) to
declare and hold Parliamentary and Assembly Election
in the State of Jharkhand as per the order of the
Delimitation Commission of India published vide
Notification No. 282/JKD/2007 dt. 17th August, 2007
which has been prepared and notified after due
deliberation keeping in view of the Constitutional
provisions enshrined under Article 330 and 332 of the
Constitution of India.
We are afraid that such relief can be granted by this Court.
It is absolutely within the domain of the Election Commission of India
and the other Constitutional Authority to decide as to when and how
Parliamentary and Assembly Election shall be held.
We do not find merit in this writ petition which is
accordingly dismissed.
[M.Y.Eqbal,J.]
[D.K.Sinha,J.]
P.K.S.