JANKO DEVI Vs. CHIEF ELECTORAL OFFICER AND ORS

JUDGEMENT

(1.) Claim in the instant writ petition is for the issuance of a writ of Certiorari for quashing Notification No. 5311/CEO/PYT/Notification/2011/3689-93, dated 05-04-2011 i.e. Annexure E, issued by Respondent No. 1 as also for the issuance of a writ of Mandamus for directing the official respondents to declare the petitioner as duly elected Panch, (uncontested), for Panch Constituency Sheikhpur of Panchayat Halqa, Kathar, Block Bishnah, Jammu. Brief facts of the case leading to the filing of the instant writ petition are that vide Annexure A, Respondent No. 1, in exercise of the powers conferred u/s. 36 of the J&K Panchayati Raj Act, 1989 (hereinafter referred to as the Act) read with Rule 3 of the J&K Panchayati Raj Rules, 1996, (hereinafter referred to as the Rules) issued notification dated March 18, 2011 for election of Panches and Sarpanches for various blocks, including Bishnah Block of Jammu which was reserved for a Scheduled Caste woman candidate.

(2.) The petitioner filed her nomination papers for contesting election of Panch Constituency No. 7 i.e. Sheikhpur, of Panchayat Halqa Kathar of Block Bishnah. Respondent No. 4 also filed nomination papers for contesting the election from the same constituency but without annexing the basic documents essentially required to be attached along with the nomination paper in terms of Rule 9-C of the Rules. Consequently on the date of scrutiny of nomination papers, Respondent No. 3 vide Annexure B i.e. PEL-9, dated March 26, 2011 accepted the nomination of the petitioner as the sole validly nominated candidate.

(3.) However, subsequently, Respondent No. 3 included the names of both the petitioner as well as Respondent No. 4 in form PEL-10 i.e. Annexure C i.e. list of contesting candidates, despite having initially issued Annexure B i.e. PEL-9, dated March 26, 2011 declaring the nomination of the petitioner as the sole validly nominated candidate.