GH QADIR MIR Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Gh Qadir Mir
STATE OF JANDK
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(1.) THIS Writ Petition under Article 226 of the Constitution of India read with Section 13 of the Constitution of Jammu and Kashmir State has been
filed in the following circumstances of the case:
(2.) THE petitioner had filed his nomination papers for contesting the general elections of, 1967, from the Rajpura Assembly Constituency
for the Jammu and Kashmir Legislative Assembly, in accordance with the
provisions of the Representation of Peoples Act and the rules made there
under, which were illegally rejected by the Returning Officer, preventing
him from contesting the said election, and thus had resulted in the
declaration of his opponent Shri Rajpuri as the Member of the Legislative
Assembly un -contested An Election Petition was filed by him against Shri
Rajpuri which came to be accepted by the Jammu and Kashmir High Court on
20th August, 1968, holding the rejection of his nomination papers as illegal and the election of Shri Rajpuri as void. Consequently, the
Election Commission issued a Notification calling upon the people of
Rajpura Assembly Constituency to elect a member to the Jammu and Kashmir
Legislative Assembly. A bye -election came to be held accordingly, and the
petitioner was declared as elected vide Notification dated 16th of May,
1969. He was sworn in as a Member of the J&K Legislative Assembly till the end of the period of the said Assembly, which expired in, 1972.
(3.) AFTER coming into force of the J&K State Legislative Members Pension Act, 1984 (here -in -after referred to as "Act") the petitioner
also made an application to the respondents as far back as on 27 -7 -1985
for sanction of his pension, which according to him, has not been
considered by them and hence this petition for issuance of a writ of
Mandamus against the respondents for grant of pension in his favour in
accordance with the provisions of the said Act.
In support of his petition, the petitioner has filed the following documents, besides an affidavit;
1 Copy of the representation which he has made to the Secretary to J&K Legislative Assembly for sanctioning the pension in his favour; (2) Copy of the judgment in the Election Petition Nos. 1 and 10 of 1967 showing that the nomination papers of the petitioner were illegally rejected by the Returning Officer and that the election of Mr. Rajpuri was held as void: (3) Copy of SRO -274 dated 16th of May, 1969, showing that the petitioner was duly elected as Member of the Legislative Assembly in the Bye -Election to the Legislative Assembly of J&K from the Rajpura Assembly Constituency, to fill the vacancy caused by the election of G. M. Rajpuri having been declared as void ; (4) Copy of the statement regarding Bye -election for Rajpura Assembly Constituency, 1969; (5) Copy of SRO -214 dated 7th June, 1985, containing the J&K State Legislative Members Pension Rules, 1985; (6) Copy of the J&K State Legislative Members Pension Act, 1984; (7) Copy of the J&K State Legislative Members Pension (Amendment) Act, 1985;
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