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DB upholds election of sarpanch
8/10/2011 10:37:30 PM
EARLY TIMES REPORT
Jammu, August-10 (JNF):- In an appeal filed by Chain Singh against the
order of Writ Court, Division Bench of Jammu & Kashmir High Court
Jammu Wing comprising Justice Virender Singh and Justice Muzaffar
Hussain Attar after hearing Adv BS Manhas issued notice to respondents
and in the meanwhile operation of order impugned shall remain stayed.

Appellant Chain Singh challenged the election of one Janak
Singh elected as Sarpanch for Panchayat Halqa Sirla District Reasi
before the appellate authority for Panchayat Election 2011 on the
ground that seven voters had exercised their votes twice for two
different Halqas including Sarla. The appellate authority accepted the
contention of appellant as election of Janak Singh who elected by
margin of four votes only set-aside by the appellate authority. Janak
Singh challenged the order of appellate authority in State High Court
on the plea that he was not at all heard by the appellate authority in
the appeal and his election has been set-aside without affording him
reasonable opportunity of being heard. Writ Court stayed the operation
of appellate authority. Against this present LPA has been filed.

DB after gone through the case, appeal and arguments of
counsel for the petitioner observed that prima-facie the Division
Bench is of the view that the plea on which respondent Janak Singh
developed his case to strike his view point before the Writ Court was
not available to him and stayed the operation of the impugned order
passed by the Writ Court. JNF

JNF/AUGUST/10/2011/2
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