UTTAM CHAND Vs. STATE OF J & K

JUDGEMENT

(1.) Through the medium of the present petition, the petitioner challenges the order dated 26th of May, 2011 passed by the Sub-Divisional Magistrate (Collector) Billawar as an Appellate Authority under Section 43 of the Jammu & Kashmir, Panchayati Raj Act, 1989. It is stated that election for the post of Sarpanch for Panchayat Halqa, Kandharnoo, block Billawar, district Kathua was held on 4th of May, 2011 in which respondent No. 7, namely, Hukkam Chand was declared elected by a margin of five votes.

(2.) An appeal was preferred before the Appellate Authority, alleging corrupt practices in the process of election.

(3.) To name a few, the appellant/petitioner herein alleged in the memo of appeal that some of the voters had cast their votes twice including one Sadiq Ahmed. It was further alleged that some of the female voters, who had been married in different cities, came to the village and cast their votes. One Shakeela Akhtar and Sunita Sharma were cited as examples. Both of them are stated to have migrated after their marriage out of the Panchayat in question.