(1.) PETITIONER through this election petition seeks to challenge the election of Shri Tassadiq Hussain -respondent. No.4 to the Legislative Council in Biennial election held in the year 2005, in the State of Jammu and Kashmir for the seat reserved for a person resident of District Poonch, on the ground of his being ineligible to contest elections.
(2.) RESERVATION of a seat in the Legislative Council for a person, resident of district Poonch has been provided in Section 50 of the Constitution of Jammu and Kashmir, 1957 which reads as follows: -
(3.) FOR filling up the six vacancies having fallen vacant in the membership of Legislative Council, which included the reserved vacancy for a person resident of District Poonch, the Election Commission of India initiated the election process by issuance of the notification under Section 29 of Jammu and Kashmir Representation of the Public Act, 1957on 24th of March 2005, whereunder 30th of March 2005 was the last date for making nominations, 31st of March 2005 for scrutiny of nomination papers and 2nd of April 2005 was fixed as the last date for withdrawal of candidatures. The polling was to be held on 11th of April 2005 and election process was to be completed on 15th of April 2005.