MOHD. RAYAZ Vs. STATE OF J & K

JUDGEMENT

(1.) Heard.

(2.) The case of the petitioner is that the Chief Electoral Officer, J&K Srinagar in exercise of powers conferred under Sec. 36 of J&K Panchayati Raj Act, 1989 read with Rule 8 of J&K Panchayati Raj Rules, 1996 announced 23rd of October, 2018 the date for the conduct of Phase-I elections in respect of PanchayatHalqas in Blocks including PanchayatHalqaFazal-Abad Lower-B, Block Buffliaz, Tehsil Surankote, District Poonch. Petitioner filed his nomination papers on 31/10/2018 for the post of Sarpanch in respect of PanchayatHalqaFazal- Abad Lower-B, Block Buffliaz, Tehsil SurankoteDistrict Poonch. It is stated that after scrutinization of the nomination papers, the respondent No. 5, being the Returning Officer published the list of contesting candidates in alphabetical order. The name of the petitioner appeared in the said publication. The time for polling was scheduled on 17/11/2018 from 8:00 AM to 2:00 PM. Petitioner was allotted election symbol as Almirah by the election authority in terms of Rule 19 of the rules (supra).

(3.) It is averred that out of total 07 Polling Stations, 05 Polling Stations were installed in Government Boys High School, Fazal Abad. It is also stated that on the date of polling i.e., 17/11/2018, while the petitioner was standing outside the polling station at 12:15 PM, one Sohail Ahmed along with his brother Tanveer Ahmed, who was also contesting election of Panch from Ward No. 7, PanchayatHalqa, Fazal-Abad, Lower-B, Block Buffliaz Tehsil Surankote District Poonch had scuffled with the petitioner and in the said process, the above said persons inflicted head injury to the petitioner with a sharp edged weapon in a pre-planned manner and with common intention.