FAROOQ AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) This intra court appeal has been preferred against the judgment/order dtd. 26/7/2019 passed by the learned Single Judge by virtue of which, the writ petition filed by the appellant has been dismissed and order of recounting of ballots for ward No. 10, Panchayat Halqa Kundan, Azmabad, Tehsil Mandi, District, Poonch passed by the Additional Deputy Commissioner Poonch, respondent No. 4 herein vide order dtd. 15/7/2019, has been upheld.

(2.) The present Appeal has been filed on the grounds that as per sub rule 4 of the Rule 36 of the Jammu and Kashmir Panchayati Raj Rules, 1996 (for short the Rules), the decision of the Returning Officer vis-a-vis acceptance or rejection of the ballots is final and cannot be questioned. Further that the learned Single Judge did not appreciate the fact that the order of recounting was passed by the respondent No. 4 in a mechanical and routine manner without asking the parties to substantiate their respective claims by adducing cogent evidence in this regard.

(3.) It is further averred that after passing of the judgment by the learned Single Judge, recounting was done and the appellant was ousted and respondent No. 5 was declared as elected. The appellant again approached the Court and challenged the order of recounting and subsequent proceedings by way of writ petition bearing WP(C) No. 3634 of 2019, titled, Farooq Ahmed vs State of J&K and others, however, the said writ petition was dismissed as not maintainable.