ALI MOHD TARIQ Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition filed by Mr. Ali Mohammad Tariq and Kh. Ghulam Ahmad against respondents Nos. 1 to 6 praying for issue of a writ of quo warranto to Bakshi Ghulam Mohammad directing him to refrain from functioning as a member of Parliament representing Srinagar Parliamentary Constituency, for setting aside the order of the Speaker of Jammu and Kashmir State Assembly dated 19 -3 -67 accepting the so -called resignation of Bakshi Ghulam Mohammad since no resignation was before him and he had no authority to accept a resignation not addressed to him but addressed to the Chief Electoral Officer on 7 -3 -1967 which was not before him, for setting aside the notification dated 20 -3 -1967 published in the Gazette of the State of Jammu and Kashmir and lastly it is prayed that a writ of mandamus be issued to the State of Jammu and Kashmir, the Chief Electoral Officer Jammu and Kashmir, the Election Commission of India and other authorities of the State not to act on the strength of the impugned notification intended to be issued by the Election Commission of India calling upon the Constituency of Safakadal to elect a representative to the Jammu and Kashmir State Legislative Assembly.

(2.) RESPONDENT No. 3, State of Jammu and Kashmir did not resist this application, nor have respondents Nos. 1,2, 4 and 5 done so. Bakshi Ghulam Mohammad respondent No. 6 is the only contestant.

(3.) THE facts which gave rise to this petition, briefly stated, are these.