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| HC frames issue regarding three notifications | | Election of Farooq, Azad, Soz and Shafi to RS | | early times report
Jammu, Feb 4 (JNF) : In a much publicized Election Petition filed by National Panthers Party MLA Harshdev Singh challenging the elections of Ghulam Nabi Azad presently Union Helath Minister, Dr. Farooq Abdullah Union Minister, Saif-ud-Din Soz presently President JKPCC and Mohd Shafi Uri of NC as Rajya Sabha Member on the ground being in violation of the provisions of Constitution of India, the Representation of the Peo-ple's Act 1951 and the rules framed there under and seeking declaring the election of Four respondents as void.
Justice JP Singh of J&K High Court Jammu Wing after hearing Sr. Adv Bhim Singh with Adv HC Jalmeria appearing for the petitioner whereas ASGI KK Pangotra for Union of India and Sr. Adv BS Salathia with Adv Deepak Singh Balouria, Advocates SC Gupta, DS Chouhan, Rattan Lal Gupta and M R Qureshi appearing for the respondents, observed that in view of the pleadings of parties and requirements of law, additional issue therefore, requires to be framed so that petitioner's challenged to the election of respondent as Rajya Sabha Members was examined in its entirety dealing with all the objections raised by the respondents, inter-alia to the maintainability of the election petition and famed the issue that whether issuance of three notifications No 318/CS-JK/2009 dated January 27, 2009, No 318 CS-JK/2009 dated January 27, 2009 (2) and No 318/CS-JK/2009 dated January 27, 2009 (3) by Election Commission of India was not in accordance with the Constitution of India, the Representation of People’s Act and Rules framed there under and if so, whether issuance of these notifications has materially affected the result of the respondents' election to the Rajya Sabha?
Justice JP Singh directed parties may file their witnesse within 15 days and the petitioner to lead the evidence on the next date of hearing which was fixed in the first week of March, 2013.
This Judgment was written by Justice JP Singh today and pronounced by Justice Virender Singh.
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