ANWAR KHAN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition under Art. 226 of the Constitution of India read with S. 103 of the Constitution of Jammu and Kashmir (for short, the State Constitution), calling in question the decision dated 22-11-2014 of the Returning Officer, 13-Baramulla Assembly Constituency, whereby and whereunder the petitioner's nomination paper to contest the Legislative Assembly Election for the aforesaid Legislative Constituency has been rejected.

(2.) Upon notice, respondents have filed their reply wherein, besides contesting the petition on merits, they have raised a preliminary objection to the maintainability of the writ petition.

(3.) Since the very maintainability of the writ petition is in question, therefore, I think it would be unnecessary to narrate the facts averred in the writ petition or the replies thereto filed by the respondents as they are irrelevant to the crucial question of law that falls for determination.