x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   After detaining couple, intelligence agencies eye Amritpal’s supporters in J&K | Kiren Patel expose: Kashmir BJP leaders raise security concerns in New Delhi | Biryani Scam: JKFA cooperating with ACB in investigation | Cabinet decision on Ujjwala scheme to help beneficiaries: PM Modi | ‘Disturbed areas’ under AFSPA in northeast to be reduced: Amit Shah | Mysterious explosion in Samba factory leaves one dead, injures 3 | J&K to get Vande Bharat trains next year: Railway Minister | Chaitra Navratri Celebration | Over 1000 youth participate in Mega Job Fair | Health screening camp organised for employees of Jammu DC Office | DLSA Samba organises 3-day solid waste management awareness programme | KVK Reasi promotes Egg Laying Poultry Varieties among the Rural Youths | CCTV cameras to be installed in chemist, pharmacy shops to curb drug abuse | Drug abuse detection training concludes in Kishtwar | Modi Govt committed to peace, hassle-free life in J&K: Kavinder | CBC's photo exhibition cum outreach programme concludes in Tral | Court awards one year imprisonment to ASI in bribe case | Nitin Gadkari Reveals How Kashmir Can Make India World's Biggest Car Maker | Secretary Mining exhorts to meet financial targets during review meeting | Power shut down | Indian Premier League 2023: Lack Of Indian Pace Bowling Firepower Remains A Concern For Delhi Capitals | Transgender Athletics Ban: Bold Move In Atmosphere Of Political Correctness | My left leg has healed but will take number of months to be fully fit: RCB's Glenn Maxwell | IPL 2023: Opening Pair, Spinners Hold Key For Rajasthan Royals; Seam Bowling A Cause For Concern | I Hope Manipur Gets More National Team Matches In Future: Renedy Singh | Jammu Sanskriti School, Jammu Glorifies Graduation Ceremony With Hilarity | 7 - day Special camp concluded in GGM Science College today | Mind your language, set facts right: Raman Suri asks Farooq Abdullah | JKTPO participats in Source India Bangladesh exhibition | Judicial Academy organizes sensitization programme | Workshop on "Taxonomic Identification & Authentication of Medicinal and Aromatic Plants & Crude Drugs" concludes at CSIR-IIIM | NHM releases ranking on JK e Sahaj facilities for Feb 2023 | JSCL organizes workshop cum demonstration on Food Fortification | Back Issues  
 
news details
HC dismisses petition challenging re-poll at Hajin-A DDC constituency
12/5/2022 10:55:13 PM

Early Times Report

Jammu, Dec 5: Jammu and Kashmir and Ladakh High Court has dismissed the petition challenging re-poll in Hajin-A DDC constituency.
Justice Sanjay Dhar dismissed the petition filed by Abida Afazal Notification/order No.SEC/ PYT/2022/24 dated 16.11.2022 as also order No.22/SEC/DDC/ 2022 dated 1611.2022, issued by respondent No.2, whereby re-poll of DDC constituency Hajin-A was scheduled for 5th December, 2022.
A further direction was sought commanding the respondents to hold the counting of votes polled in favour of the candidates to the exclusion of respondent No.4. A direction had also been sought upon the respondents to declare the result of DDC constituency Hajin-A on the basis of already held polling to the exclusion of respondent No.4.
Justice Sanjay Dhar while dismissing the petition, observed that It has been contended by counsel for the petitioner that both the orders regarding declaration of earlier poll as void and announcing the re-poll are arbitrary in nature as respondent No.1 does not have authority to do so and, as such, the writ petition is maintainable. In this regard, it has already been held that respondent No.1 has vast powers under Section 36 of the Panchayati Raj Act read with Rule 108-ZM of the Rules to pass any order for smooth conduct of the election.
Therefore, respondent No.1 was well within its jurisdiction to pass the order declaring the earlier poll as void and to order re-poll. The question whether this decision of respondent No.1 is legally tenable can only be determined by the prescribed Authority at the time of considering the petition challenging the election and this Court, in exercise of its writ jurisdiction, cannot go into the merits of this decision once it has been held that respondent No.1 has jurisdiction to make such a decision. Apart from this, by virtue of the impugned notification,respondent No.1 has not stalled the election process, rather it has taken a step towards completion of the election process. Therefore, the bar contained in Article 243-O of the Constitution is attracted to the maintainability of the instant petition. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU