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| SC uphols HC’s judgement of quashing MLC’s election | | | EARLY TIMES REPORT
JAMMU, Nov: 23 (JNF):- The Supreme Court of India today dismissed the appeal of Tassadiq Hussain and declared declared petitioner M R Qureshi as elected MLC. The High Court had earlier rached a similar conclusion.
The Bench comprising Justice JM Panchal and Justice Gyan Sudha Misra after hearing Advocate Sat Pal Singh and Advocate Arshad Ahmed for the appeallants and Advocate Abhinav Mukerji and Advocate Mukesh K. Giri for the respondents referred the judgment the Single Judge of J&K High Court and observed that the burden to prove that the expression "Resident of Poonch District" does not include a resident of Rajouri is on the respondent No. 1, who has filed petition challenging the election of the appellant as a Member of the Legislative Council and as the said burden was not discharged, the petition should have been dismissed, has no substance at all. This Court find that it was the specific case of the appellant that the expression "a resident of District Poonch" includes a resident of District Rajouri and, therefore, the appellant, if advised, could have brought the evidence on record to substantiate the said plea. The fact remains that no material was brought on record of the case by the appellant to indicate, even remotely, that a resident of Rajouri is called or known as resident of Poonch District for the purposes of the proviso to sub-Section (3) of Section 50 of the Constitution. Under the circumstances, this Court is of the view that the High Court was justified in not dismissing the petition filed by the M R Qureshi, questioning the election of the Tassadiq Hussain as a Member of the Legislative Council on the ground that the respondent No. 1 had failed to discharge the burden of proof.
The court further observed that this Court does not find any substance in the appeal. The conclusion drawn by the High Court in the impugned judgment that the expression "a resident of Poonch District" in the proviso to sub-Section (3) of Section 50 of the Constitution, does not include a resident of Rajouri is just and no ground is made out to interfere with the same in the instant appeal. Therefore, the appeal, which lacks merit, deserves to be dismissed.
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