ECI asks Govt to take action against former Deoghar DC

Citing the order of 6 December 2021, the Election Commission has written a letter to the Chief Secretary of the state and ordered to take disciplinary action against Manjunath Bhajantri within 15 days and inform the Commission by issuing a charge memo. The whole matter is related to the Madhupur assembly by-election in Deoghar. This by-election was held in April 2021.

Then Godda BJP MP Nishikant Dubey had alleged that while holding the post of DC cum District Election Officer of Deoghar, Manjunath Bhajantri had lodged an FIR against him in five police stations on the same day. The Commission had asked Manjunath Bhajantri why an FIR related to violation of the code of conduct was lodged six months after the bye-election was over. Under what circumstances were the cases registered in the police station areas where the code of conduct was not in force. Why was the Commission not informed about this.

After this order of the Election Commission, Godda MP Nishikant Dubey has shared a post on X. He has written that "no corrupt and swindler will be spared". This person filed 10 false cases against me and my family. This is a democracy. The court and constitutional institutions are the protectors of the Constitution. Now save yourself.

An attempt was made to know the side of Ranchi DC Manjunath Bhajantri regarding this letter but he could not be contacted.

The then DC of Deoghar Manjunath Bhajantri had challenged the Election Commission's order of 6 December 2021 in the Jharkhand High Court. The single bench had said in its order on 26 February 2024 that the Commission had given the order under section 20A of the Representation of Peoples Act, 1951. It is not under any service rules governing the terms and conditions of service of the petitioner. Saying this, the court had quashed the order of the Commission.

This decision of the single bench was challenged by the Election Commission in the double bench. On this, on 23 September 2024, the double bench pronounced its verdict and repealed the decision of the single bench. The double bench said in its order that such recommendations of the Commission are necessarily binding on the state and such powers of the Commission are part of the larger constitutional scheme in the federal structure. Under the sections of the Representation of Peoples Act, 1951, the order of the Commission is not optional but it binds the state.