MOHD. SULTAN PANDITHPORI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This Election Petition is aimed at to challenge the mandate of respondent No. 4, who came to be affirmed as a successful candidate in the Assembly Elections from Langate Constituency No. 5, hereinafter for short as constituency, the result of which was declared on 25th of December, 2008, on the ground that he was disqualified for being chosen as a Member of the Legislative Assembly for that, he was working as a Deputy Manager in the Jammu and Kashmir Project Construction Corporation Limited, hereinafter for short as Corporation, and the Government of Jammu and Kashmir has more, than 25% shares in it and that his nomination papers were in violation of mandate of Section 69 (1)(e) of the Constitution of Jammu and Kashmir, hereinafter for short as Constitution, read with the provisions of The Jammu and Kashmir Representation of People Act, 1957, hereinafter for short as Act.

(2.) Respondents 1 to 4 appeared and filed their counter. Respondents 5 to 17 have chosen not to appear and accordingly were set exparte.

(3.) In their counter respondents 1 and 2 refute the averments of the petition on the ground that resignation of respondent No. 4 was accepted by the Corporation on 8th of November, 2008, thus he was not on the rolls of the said corporation on the date the scrutiny of the nomination papers took place viz. 12th of November, 2008. Further it is stated that State also had given its "No Objection" for the purpose.