Court mandates alternative arrangements to prevent disruption of local businesses, holds officials accountable for compliance.
In a landmark decision, the Jharkhand High Court has directed the State Government and Election Commission to refrain from using the Terminal Market Yard at Pandra, Ranchi, for election-related purposes, thereby preventing the disruption of business activities for local shopkeepers and godown keepers. This judgment comes as a resolution to a Public Interest Litigation (PIL) filed by the Federation of Jharkhand Chamber of Commerce and Industries, which highlighted the ongoing issue of eviction faced by its members due to election activities at the market yard.
The PIL, numbered W.P (PIL) No. 5675 of 2018, was presided over by Chief Justice M.S. Sonak and Justice Rajesh Shankar. The petitioners argued that the utilization of the market yard for storing Electronic Voting Machines (EVMs) and establishing counting centers had been causing significant disruptions to their business operations, severely impacting livelihoods. Despite previous court orders, the practice continued unabated, prompting the petitioners to seek judicial intervention once again.
In response to the petition, the Deputy Election Officer of Ranchi had filed an affidavit on January 6, 2026, indicating efforts to identify alternate premises for election activities. However, the court noted the absence of a categorical assurance that the market yard would not be used for such purposes in the future.
The High Court emphasized the importance of adhering to prior orders, particularly the directives issued on December 11, 2018, in W.P (C) No. 6137 of 2018, which specifically addressed the market yard issue. The bench pointed out that despite assurances, the State's efforts to secure alternative premises had been insufficient, with the identification process dragging on for several years.
To ensure compliance with the court's directive, the judgment mandates that the Chief Secretary, the State Election Commissioner, and the Chief Electoral Officer will be jointly and severally responsible for implementing the order. The court warned that any breach would hold these officials accountable, marking a significant shift in the enforcement of judicial orders.
The decision underscores the balance between conducting elections, a matter of state and national importance, and protecting the rights of small business owners. The court expressed its intent not to impose costs, hoping the judgment will prevent further legal confrontations and ensure the uninterrupted operation of the market yard.
This ruling is expected to bring relief to the business community at Pandra, ensuring that their activities are not hampered by election processes. It also sets a precedent for safeguarding commercial spaces from non-business-related disruptions, reinforcing the judiciary's role in protecting citizens' rights.
Bottom Line:
Directions issued to the State Government and Election Commission to refrain from utilizing the Market Yard premises at Pandra, Ranchi, for election purposes, thereby disrupting the business activities of shopkeepers and godown keepers.
Statutory provision(s): Public Interest Litigation.
