| HC issues notice on petitions challenging Sagar, Karbalaie’s win | | | | sriangar, Feb 12: The Jammu and Kashmir High Court today issued notices to Election Commission of India, National Conference's Ali Mohammad Sagar and Congress's Asgar Ali Karbalaie and others on two separate petitions filed by Peoples Democratic Party's candidates Khursheed Alam and Anayat Ali. In their petitions, both Alam and Ali have challenged election of Sagar and Karbalaie with the latter alleging that he lost due to "bogus voting", the former claimed that his Congress nominee was holding office of profit at the time of submitting his nomination papers for recently concluded assembly elections. Hearing the petition filed by Alam, a single bench of the court comprising Justice Muzaffar Hussain Attar issued notice to other respondents including Chief Secretary on behalf of the state, Election Commission of India, Speaker J&K Legislative Assembly, Chief Electoral officer, Returning Officer, District Election Officer Srinagar and Farooq Ahmad Shah, then District Election Officer and Dy Commissioner Srinagar. "In order to ensure his victory, respondent no. 7 (Sagar) always has been resorting to corrupt and illegal practices which in past have not been noticed," Khursheed has claimed in the petition."In the recent parliamentary elections, the National Conference had recorded a lead from Khaniyar which was unbelievable and astonishing taking into account the resentment of the people against the party. This was the reason that had made petitioner (Alam) to have in depth survey which reflected that the Sagar in connivance with the officers at the helm of affairs hatched a conspiracy and got bogus votes (non existing, multiple voters, dead and others non state subjects) entered In the electoral rolls."He said that the bogus voters were allowed to remain intact in the electoral rolls to "benefit" and pave way for Sagar's victory. Meanwhile, single bench of the court comprising Justice Hasnain Massodi issued notice to all respondents and directed them to file reply within four weeks on a petition challenging the election of Karbalaie from Kargil.In his petition, Anaya Ali has submitted that Section 69 (1) (a) of the Constitution of J&K provides for disqualification for membership if he or she holds any "Office of Profit" under the Government of India or the State Government or any other State government within the Union of India other than an office declared by Legislature bylaw not to disqualify its holder. "respondent no 5 (Asgar Ali Karbalaie) on the date of filing of nomination and that of the scrutiny of nomination was the Chief Executive Councilor of the Ladakh Autonomous Hill Development Council, Kargil," he said, claiming that Karbalaie as such, on the date of nomination and that of scrutiny was holding an Office of Profit. Anayat Ali has demanded that he be declared as duly elected member from Kargil. |
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