MOHD RASHID QURESHI Vs. ELECTION COMMISSION OF INDIA
LAWS(J&K)-2006-3-21
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 13,2006

Mohd Rashid Qureshi Appellant
VERSUS
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

- (1.) PETITIONER through this election petition seeks to challenge the election of Shri Tassadiq Hussain -respondent. No.4 to the Legislative Council in Biennial election held in the year 2005, in the State of Jammu and Kashmir for the seat reserved for a person resident of District Poonch, on the ground of his being ineligible to contest elections.
(2.) RESERVATION of a seat in the Legislative Council for a person, resident of district Poonch has been provided in Section 50 of the Constitution of Jammu and Kashmir, 1957 which reads as follows: - " 50. Composition of Legislative Council.(i) Legislative Council shall consist of thirty six members, chosen in the manner provided in the section. (2) Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir and are not members of the Legislative Assembly. Provided that of members so elected, at least one shall be a resident of Tehsil Ladakh and at least one shall be a resident of Tehsil Kargil. (3) Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Jammu and are not members of the Legislative Assembly. Provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District. (4) One member shall be elected by each of the following electorates namely: - (a) the member of municipal council, town area, committees and notified area committees in the Province of Kashmir. (b) the members of municipal council, town area committees and notified area committees in the Province of Jammu. (5) Two members shall be elected by each of the following electorates, namely: - (a) the members of the Panchayats and such other local bodies in the Province of Kashmir as the "Governor may by order specify; (b) the members to the Panchayats and such other local bodies in the Province of Jammu as the "Governor may by order specify. (6) Eight members shall be nominated by the Governor not more than three of whom shall be persons belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co -operative movement and social service. (7) Elections under sub -sections (2) and (3) shall be held in accordance with the system of proportional representation by means of the single transferable vote."
(3.) FOR filling up the six vacancies having fallen vacant in the membership of Legislative Council, which included the reserved vacancy for a person resident of District Poonch, the Election Commission of India initiated the election process by issuance of the notification under Section 29 of Jammu and Kashmir Representation of the Public Act, 1957on 24th of March 2005, whereunder 30th of March 2005 was the last date for making nominations, 31st of March 2005 for scrutiny of nomination papers and 2nd of April 2005 was fixed as the last date for withdrawal of candidatures. The polling was to be held on 11th of April 2005 and election process was to be completed on 15th of April 2005. For the reserved seat for the resident of District Poonch three candidates namely Shri Mohd.Rashid Qureshi( petitioner herein) Shri Tassadiq Hussain (respondent No.4 herein) and one Shri Imtiyaz Ali Banday filed their nomination papers with the returning Officer designated by the Election Commission vide its notification dated 24th of March 2005. The petitioner was the sponsored candidate of National Conference political party, whereas other two candidates were sponsored by Peoples Democratic Party another political party of the State. The third candidate Shri Imtiyaz Ali Bandey was the covering candidate for respondent No.4.He did not contest the election and withdrew his candidature on the last date fixed for withdrawals. Thus, only petitioner and respondent No.4 were left in the fray.;


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