GULZAR AHMED Vs. MOHD HUSSAIN

JUDGEMENT

(1.) THE petitioner who was one of the candidates to the Jammu Kashmir Legislative Assembly from The Darhal Assembly Constituency, has filed this petition challenging the election of respondent No. 1 to the said Assembly. Apv from challenging the election of respondent No. 1, the petitioner has also prayed that after avoiding the election of respondent No. 1 he (the petitioner) be declared elected from The Darhal Assembly Constituency in place of respondent No. 1.

(2.) THE election of the respondent No. 1 has been challenged, apart from the ground that there has been an improper reception of votes in his favour and there has been non -compliance with the provisions of the Constitution and the Representation of the Peoples Act and the rules framed thereunder also on the grounds that he has committed various corrupt practices during the election campaign. In addition to respondent No. 1, Shri Abdul Rashid and Shri Mohd. Sadiq, two other unsuccessful candidates, have also been arrayed as respondents.

(3.) RESPONDENTS 1 and 2 filed their written statements to the petition while respondent No. 3 though served was absent and the case was set ex parte against him.