Decided on April 03,2006

Ch. Liaqat Ali Appellant
PURAN SINGH Respondents


Y.P.NARGOTRA, J. - (1.) THROUGH the medium of this Election Petition the petitioner seeks to challenge the election of respondent No. 1 to the Jammu and Kashmir Legislative Assembly from 82 Darhal constituency.
(2.) ELECTION Commission of India issued a Notification on 22nd August 2002 calling upon the electorates of the respective constituencies to elect 26 members to the Legislative Assemblies which includes 82 Assembly constituency of District Rajouri. The schedule for holding election was as under: Last date for making nominations = 29th August 2002 Date for scrutiny of nomination papers = 31st August 2002Last date for withdrawal of candidatures = 2nd Sept. 2002Date of polling, if necessary = 16.9.2002Date for completion of election process = 12.10.2002. The petitioner Liaqat Ali filed his nomination papers as a candidate of Jammu and Kashmir National Conference Party whereas respondent Puran Singh filed his nomination papers as an Independent candidate. Besides the petitioner and respondent No. 1 and eight other candidates respondents No. 2 to 9 also filed their nominations. Respondent No. 9 Mohd Saleem had filed his nomination papers as a candidate of Samajwadi Party. The Returning Officer vide Order No. RO/82/Darhal/25 dated 31.8.2002 rejected the nomination papers of respondent No. 9 saying: The candidate has filed his nomination papers as a candidate set up by Samaj Wadi Party. Said Party is not recognized Party of J&K; State. Section 10.2 of Chapter -V of Hand Book of Returning Officers says as under:If a State party recognized in one State is granted concession for using its reserved Symbol under para -10 of the Election Symbol (Reservation and Allotment) Order, 1968, in another State in which it is not so recognized the nomination of candidate (s) set up by that party in such other State will also be required to be subscribed by ten (ten) electors of the constituency, as proposers.
(3.) THE said candidate had not subscribed 10 electors as proposers in part -II of form 2 while filing his nomination papers and has failed to fulfill the requirements laid down under rules, his nomination papers on this ground cannot be accepted.;

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