TASSADIQ HUSSAIN Vs. MOHD RASHID QURESHI

JUDGEMENT

(1.) This appeal, filed under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957, is directed against judgment dated March 13, 2006, rendered by the learned Single Judge of the High Court of Jammu and Kashmir at Jammu in Election Petition No. 1 of 2005 by which the Election Petition filed by the respondent No. 1, challenging election of the appellant to the Legislative Council of the State Legislature, is allowed and his election is declared void. Further the learned Single Judge has declared that in place of the appellant the respondent No. 1, i.e., Mr. Mohd. Rashid Qureshi, advocate, is proclaimed as elected.

(2.) The facts, giving rise to the instant appeal, are as under:

(3.) Being aggrieved by this, the respondent No. 1 filed Election Petition No. 1 of 2005 before the High Court of Jammu and Kashmir and challenged election of the appellant to the Legislative Council held in the year 2005 on the ground that the appellant, being ineligible to contest the election, his election was null and void. The respondent No. 1 further prayed that after declaring the election of the appellant as null and void, he should be declared to have been elected as Member of Legislative Council in place of the appellant.