GH QADIR MIR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Writ Petition under Article 226 of the Constitution of India read with Section 13 of the Constitution of Jammu and Kashmir State has been filed in the following circumstances of the case:

(2.) THE petitioner had filed his nomination papers for contesting the general elections of, 1967, from the Rajpura Assembly Constituency for the Jammu and Kashmir Legislative Assembly, in accordance with the provisions of the Representation of Peoples Act and the rules made there under, which were illegally rejected by the Returning Officer, preventing him from contesting the said election, and thus had resulted in the declaration of his opponent Shri Rajpuri as the Member of the Legislative Assembly un -contested An Election Petition was filed by him against Shri Rajpuri which came to be accepted by the Jammu and Kashmir High Court on 20th August, 1968, holding the rejection of his nomination papers as illegal and the election of Shri Rajpuri as void. Consequently, the Election Commission issued a Notification calling upon the people of Rajpura Assembly Constituency to elect a member to the Jammu and Kashmir Legislative Assembly. A bye -election came to be held accordingly, and the petitioner was declared as elected vide Notification dated 16th of May, 1969. He was sworn in as a Member of the J&K Legislative Assembly till the end of the period of the said Assembly, which expired in, 1972.

(3.) AFTER coming into force of the J&K State Legislative Members Pension Act, 1984 (here -in -after referred to as "Act") the petitioner also made an application to the respondents as far back as on 27 -7 -1985 for sanction of his pension, which according to him, has not been considered by them and hence this petition for issuance of a writ of Mandamus against the respondents for grant of pension in his favour in accordance with the provisions of the said Act.