KHALIDA BIBI Vs. SAJIDA BEGUM

JUDGEMENT

(1.) In the instant petition, petitioner is seeking quashment of the order dated 02.02.2021 passed by Appellate Authority (Additional Commissioner, Kashmir) notified under the Jammu and Kashmir Panchayati Raj Act, 1989 read with Jammu and Kashmir Panchayati Raj Rules, 1996 (for brevity 'the Act of 1989' and 'the Rules of 1996') respectively and a consequent order dated 03.02.2021 passed by District Panchayat Election Officer, Anantnag.

(2.) The petitioner herein earlier filed a writ petition bearing WP(C) No. 176/2021 seeking therein quashment of order dated 020.02.2021 (supra), however, after filing of the instant petition i.e., WP(C) No. 301/2021 the petitioner sought withdrawal of WP(C) 176/2021, by laying a motion being CM No. 1341/2021, on the ground that the said petition has become infructuous on account of recounting of the votes undertaken by the Election Authority. Upon coming up for consideration of the said application on 08.03.2021, this Court directed listing of the said petition along with instant WP(C) No. 301/2021 filed by the petitioner.

(3.) In the instant petition i.e., WP(C) No. 301/2021 this Court while admitting the petition to hearing passed an interim order in the application for interim relief restraining both the petitioner as well as respondent No. 1 from holding the office of Member of District Development Council, Anantnag, against which an appeal /LPA came to be filed by the respondent No. 1 herein being LPA No. 31/2021, which came to be disposed of vide order dated 23.03.2021, by recalling the interim order dated 24.02.2021 and directing the Registry for listing of the petition on 02.04.2021 while making a request to the Writ Court to consider the matter for disposal on the next date.