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| Bhim’s election petition challenging Talib’s election dismissed | | |
Jammu, Nov 29
Justice YP Nargotra of J&K High Court Jammu wing today dismissed the election petition filed by Mr. Bhim Singh President of J&K National Panther Party, who was the candidate of Jammu Parliamentary Constituency in the bye-election and Choudhary Talib Hussain filed his candidature as a candidate of National Conference party. The whole election process of Bye-Election was completed in February 2002 and. Hussain was declared elected by the Returning Officer on February 27, 2002.
Bhim Singh filed this election petition challenging the election of Ch Talib Hussain on various grounds including corrupt practices. The petitioner had also alleged that bye-election was held on February 21, 2002 on the basis of electoral rolls prepared in the year 1988 and since then there had been no revision of the said roles. Thus the persons who had already died continued to be shown as voters whereas the living voters were denied the right of franchise. Chief Election Commissioner in connivance with the State Administration in order to give benefit to Ch Talib Hussain with ulterior motive prepared the electoral rolls. A representation was made to the Chief Election Commission of India in this behalf, but that was not given any consideration.
While dismissing the petition the Justice Nargotra observed that in the present case the petitioner though has made serious allegations of corrupt practices against Ch Talib Hussain, but has not led any evidence to prove those allegations even remotely. What to talk of evidence of necessary witnesses, even the petitioner himself has not chosen to appear in the witness box for proving his charges leveled against Ch Talib Hussain elected MP of Lok Sabha, nor he has tendered any evidence to prove the basic facts showing that Ch Talib Hussain resorted to corrupt practices or that the election process vitiated because of the violation of the rules governing the conduct of elections. Therefore, contention of the counsel for the petitioner that simply because the respondents have not controvert- red the allegations made in the petition, the allegations made are to be deemed to have been admitted are without any merit. Like a criminal case, in an election petition onus of proving the allegations of corrupt practices stated in the election petition always lies heavily upon the petitioner. Therefore, without the proof of the allegations made it cannot be held that Ch Talib Hussain has resorted to the corrupt practices during the election campaign. For the reasons stated above, no merit is found in the election petition of the Bhim Singh, as such it is dismissed.
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