NAND KUMAR Vs. BELI RAM

JUDGEMENT

(1.) THIS application has been filed by the petitioner for restoration of his Election Petition which was dismissed by the Election Tribunal for default on 19 -6 -67.

(2.) THE respondent was declared elected on 26 -2 -67 as a member of the Legislative Assembly of Jammu and Kashmir State, defeating the petitioner who was also a candidate. The petitioner filed an Election Petition challenging the election of the respondent before the Election Commissioner on 12 -4 -67. The Election Commissioner forwarded the election petition to the District and Sessions Judge, Poonch who had been then appointed as the Tribunal to hear the application. The Election Commissioner directed the petitioner to appear before the Election Tribunal on 19 -6 -67.

(3.) THE Tribunal on 9 -6 -67 on receipt of the Election Petition passed an order to inform the parties as to the date of hearing fixed by the Election commissioner as 19th June, 67 with the further information that the tribunal would hold its sitting in the Sessions Courts building at Poonch.