Court issues notice to winner of Langate seat, EC
J&K High Court has issued notices to Election Commission and all candidates from Langate Assembly constituency including the winner Sheikh Abdul Rashid following a poll petition filed by PDP leader Mohd Sultan Panditpuri.india Updated: Feb 20, 2009 03:56 IST
Jammu and Kashmir High Court has issued notices to Election Commission and all candidates from Langate Assembly constituency including the winner Sheikh Abdul Rashid following a poll petition filed by PDP leader Mohammad Sultan Panditpuri.
Panditpuri, who was defeated by Rashid in the Assembly polls, has challenged the election of the latter to the State Assembly because he continued to hold an office of profit on the day of filing nominations and on the day of scrutiny of the nominations.
Jehangir Iqbal Ganaie, who is representing Panditpuri, said the petition seeks disqualification of Rashid on the grounds that he continued to be an employee of a corporation in which government had a stake of 20 per cent or more at the time of filing his nomination papers.
Justice Mansoor Ahmad Mir yesterday directed that notices be issued to Election Commission of India, returning officer for Langate constituency and all the other candidates from the segment including the incumbent MLA.
Justice Mir directed the case be listed after three weeks during which the respondents are expected to file their replies to the petition.
Only on December 30, 2008 by the Corporation, which was two days after the results, were declared for the Assembly polls. Under the Section 47 of the People's Representation Act, the candidates are bound to ensure that they do not stand to be disqualified. So, the present MLA has been made a party to the petition," the counsel for the petitioner said.
"We have also prayed before the Court that the petition be disposed off within six months," he added.