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HC adjourns election petition against Azad, Farooq
12/31/2010 10:41:03 PM
Early Times Report
JAMMU, Dec 31: State high court today adjourned hearing in three different election petition filed by Jammu and Kashmir National Panthers Party (JKNPP) leaders Harshdev Singh, Bhim Singh and Balwant Singh Mankotia challenging elections of three sitting Member Parliaments from Jammu and Kashmir.
The two have challenged notifications issued by Election Commission of India dated January 12, 2009 to hold three bi-annual elections for filling-up vacancies for Rajya Sabha in which Saif-ud-Din Soz, Ghulam Nabi Azad, Dr. Farooq Abdullah and Mohammed Shafi Uri were elected and another petition filed by Prof. Bhim Singh challenging election of Choudhary Lal Singh presently Member Parliament Lok-Sabha.
Justice Sunil Hali of J&K High Court after hearing battery of lawyers adjourned the matter till February, 2010 for arguments on a law point. Counsel for petitioners HC Jalmeria pointed out that under similar circumstances where terms of three members of council of states from Kerala is going to expire on April 21, 2009; election commission of India vide similar notification decided to hold a single biannual election for filling up three seats from the state of Kerala. It is submitted that such an act on the part of election commission of India is highly discriminatory and in violation of fundamental principles of democracy. In another election petition filed by Professor Bhim Singh on the grounds hat it was on the direction of Election Commission of India to hold election by the use of electronic voting machines (EVMs). He has said that this system has already been declared unconstitutional in several democratic counties including Germany, Holland and even in USA.
In the prayer, Bhim Singh has pleaded that election of Choudhary Lal Singh for Udhampur parliamentary constituency should be declared as void on the facts and grounds stated above and directed election commission to hold fresh elections to the house of people to the said constituency at the earliest
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