ABIDA AFZAL Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has challenged Notification/order No.SEC/ PYT/2022/24 dtd. 16/11/2022 as also order No.22/SEC/DDC/ 2022 dated 1611.2022, issued by respondent No.2, whereby re-poll of DDC constituency Hajin-A has been scheduled for 5/12/2022. A further direction has been sought commanding the respondents to hold the counting of votes polled in favour of the candidates to the exclusion of respondent No.4. A direction has also been sought upon the respondents to declare the result of DDC constituency Hajin-A on the basis of already held polling to the exclusion of respondent No.4.

(2.) The facts emanating from the pleadings of the parties reveal that respondent No.1 had issued a notification on 29/10/2020, for conduct of General Elections to the District Development Councils, including for the District Development Constituency Hajin-A. While the results of the elections relating to 13 District Development Constituencies out of 14 Constituencies of District Bandipora, were declared, the result of DDC Constituency Hajin-A was withheld. This was done for the reason that the nomination form of one of the candidates of the said constituency, Mst. Shazia, respondent No.4 herein was found to have been improperly accepted, as it was revealed that she is not a citizen of India.

(3.) It appears that as per order No.06/SEC/DDC/2021 dtd. 5/3/2021, issued by respondent No.1, polling held to the DDC Constituency Hajin-A was declared as void and the candidature of respondent No.4 was declared as void ab initio. It was also provided in the said order that re-poll in the DDC Constituency Hajin-A shall be conducting after redrawing the list of contesting candidates after dropping the name of respondent No.4 herein. The said order came to be challenged by the petitioner by way of a writ petition bearing WP(C) No.83/2021 before this Court. Notice of the writ petition was issued to the respondents but no interim order has been passed in the said writ petition, which is stated to be pending before the Court. In the meantime, respondent No.1 has issued the impugned Notification ordering re-polling in DDC Constituency Hajin-A, on 5/12/2022. It is this Notification which is under challenge in the present writ petition.