BODH RAJ Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-50
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 03,2020

BODH RAJ Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

TASHI RABSTAN, J. - (1.)It is submitted by learned counsel for the petitioner that the petitioner has filed objections dated 21.10.2020 before the concerned authorities against the proposal of Deputy Commissioner for delimitation of the constituencies of District Development Council, however, the same has not been considered and decided till date. Learned counsel for the petitioner submits that the objections filed by the petitioner has to be considered by the authorities concerned strictly in terms Rule 108-A Sub Rule (5). For facility of reference, Sub Rule 5 is reproduced as under:-
'(5) The Deputy Commissioner on receipt of objections, if any, under sub rule (4) shall forward the same to the Director, Rural Development concerned who shall place the proposal along with objections received before the Election Authority. The Election Authority shall thereon inquiry or cause an inquiry to be made and dispose of the objections. Thereafter Election Authority shall issue final order of delimitation after recording in brief the reasons for acceptance or rejection of such objections.'

(2.)At this stage, learned counsel for the petitioner submits at the Bar that petitioner would feel satisfied if respondents are directed to consider the objections contended to have been filed by the petitioner before the commencement of Election which is scheduled to be held on 16.12.2020 to which course other side has no objection to consider the same under rules. Their statements are taken on record.
(3.)Accordingly, this petition is disposed of with a direction to the respondents to consider and decide the objections dated 20.10.2020 contended to have been filed by the petitioner before the commencement of Election which is scheduled to be held on 16.12.2020, of course, under rules.
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