MOHD ASHRAF KHAN Vs. MOHD MAQBOOL DAR

JUDGEMENT

(1.) ELECTION of respondent No. 1 from 40 -Shangas Assembly Constituency to the Jammu and Kashmir Legislative Assembly held in 1983, has been challenged through the medium of this election petition filed under the Jammu and Kashmir Representation of the people Act, 1957 (hereinafter referred to as "The Act"). The election has been called in question on various grounds detailed in the petition but it is not necessary for this court, to make any reference to the allegations on the basis of which the election respondent No. 1 has been called in question because it is the preliminary issues raised in the case which need to be decided. This stage.

(2.) AFTER service was effected, respondent No. 1 appeared and filed his written statement in which be raised certain preliminary objections. Respondent No. 2 also appeared through Mr. G. N. Hangroo, Advocate.

(3.) FROM the pleadings of the parties, the following preliminary issues were framed on 9 -12 -1983: -