SHAMIM AKHTER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has approached this Court impugning the order dated 23.9.2019 passed by Additional Deputy Commissioner, Poonch/appellate authority whereby the appeal filed by her challenging the election of respondent No. 6 as Sarpanch of Panchayat Halqa Dhandi Dara, Tehsil Surankote, District Poonch was disposed of while directing recounting of votes.

(2.) Learned counsel for the petitioner submitted that while challenging the election, the petitioner never prayed for recounting of the votes. Her grounds of challenge were altogether different. Those have been enumerated in the election petition specifically and have even been noticed by the appellate authority in the order impugned, but still not dealt with. All these grounds go to the root of the case where the persons settled abroad have been shown to have casted their votes, besides the dead persons. Some persons simultaneously casted their votes in different wards at the same time. He further submitted that the order passed by the appellate authority directing recounting of votes may be set aside and the matter be remitted back to be considered on the grounds raised by the petitioner.

(3.) Learned counsel for the respondent No. 6 submitted that he does not have any objection to the setting aside of the order passed by the appellate authority as far as it directs for recounting of votes. However, he submitted that for other issues as the appeal has already been dismissed by the appellate authority, the matter may be adjudicated upon by this Court, after he files objections to the present petition.