Gopal Sharan Nath Shahdeo

Ranchi, Jan. 3: Six months after the Hatia Assembly seat fell vacant following the demise of MLA Gopal Sharan Nath Shahdeo of the Congress, the by-election for the seat remains locked in a courtroom battle.

Runner up and BJP candidate Ramji Lal Sharda had filed a petition in the Jharkhand High Court challenging the election of Shahdeo after being defeated by a slender margin of 25 votes in the 2009 Assembly elections.

The 40-something Shahdeo, scion of the Chotanagpur princely estate, died of cardiac arrest on June 28.

Joint chief electoral officer Ashok Kumar Sinha said the by-elections could not be held in Hatia unless and until the Jharkhand High Court disposes of the petition. The by-elections are normally held within six months of the seat falling vacant.

Under Sections 80 and 81 of Representation of People’s Act, 1951, the election of winning candidates could be challenged on the grounds of electoral malpractices within 45 days of the results being announced.

Significantly, the state government, in its affidavit, has said Sharda’s petition did not hold after Shahdeo’s death.

Sharda, however, appeared keen to pursue the case to its logical end.

Sharda’s lawyer S.L. Barnwal told The Telegraph that the Representation of People’s Act does not provide for withdrawal of election petition. “We cannot withdraw the petition unless there is some cogent reason for it. Also, it depends on the court to allow or deny the withdrawal,” he said.

He also contested the state government’s stand, saying the case will continue even though the legislator had died.

“A provision to hear and try the election cases within a period of six months, under People’s Representation Act, is seldom followed in letter and spirit,” Barnwal said.

“In about a year since the case was filed in January, all 24 contestants have appeared in court. But, the then Ranchi SDM cum returning officer Suchi Tyagi and the Ajsu candidate have not appeared so far. It should not take much time to take the case to its logical conclusion if the duo testify before the court,” he argued.

However, given the past record of disposal of elections-related petitions by the Jharkhand High Court, it would not be possible to get the case disposed soon,” pointed out BJP leader Deepak Prakash.

Prakash said the Election Commission should move the high court to get instructions in this regard. “The electorate are not only being denied representation in the Assembly but also deprived of the development funds and various schemes which the MLA could have fought to bring to his constituency,” he said.

“Over a dozen cases had been filed after the 2005 Assembly elections. But all of them dragged and finally turned infructuous after the Assembly elections were announced in 2009,” recalled a lawyer.

“But not one person could be held responsible for the inordinate delay,” said advocate general Anil Sinha. He said the Chief Justice notifies a judge, drawn from the superior judicial service, to hear the election petition. At present there is one judge to hear the case, once a week.