GH RASOOL RESHI Vs. AB RASHID KABLI

JUDGEMENT

(1.) L . This election petition lodged on 18 -8 -77 challenges the validity of the election of respondent No. 1 from Idd Gah Assembly constituency in the general elections held in 617 and for declaring the election of respondent No. 1 void and invalid and for disqualifying him from standing in future elections for the State Assembly, Lok Sabha and other elections. The petition has been filed in terms of Sections 88 and 89 of the Jammu and Kashmir, Representation of Peoples Act, I957( hereinafter called The Act).

(2.) AMONGST other grounds taken in the petition one of the grounds for setting aside the election of respondent No. 1, was that he himself as well as through his election agent and other persons with his consent used criminal force and violence in removing the polling agent and relieving agents of the petitioner from booths within the said constituency and also used criminal force, intimidation and coercion against electors who intended to vote for the petitioner but where not allowed to exercise their right of franchise by the respondent and his Supporters. He has alleged that a reign of terror was let loose at several polling booths and an atmosphere was created by the respondent and his supporters to ensure that the electors belonging to and having .sympathy with the National Conference would not dare to come out of their houses to exercise their right of franchise It has been alleged that the number of such voters who would have voted in favour of the petitioner but could rot do so on account of terror and coercion let loose by respondent No. 1 and his agents and supporters numbered 3000 at the minimum. In para 40 of the petition, it has been stated that the names and tb.2 particulars of some of the electors who were made victims of the criminal force and intimidation and coercion and who could not, therefore, exercise their right of franchise were given in Annexure A attached with the petition. It was alleged in. the petition that by intimidating and coercing and preventing the electors named in Annexure -A from exercising their right of franchise, the respondent has committed corrupt practice made therefore, his election be set aside on this account. A number of other corrupt practices have been alleged in the petition and a large number of allegations have been levelled against the respondent No. 1 such as he having cast the ballots, of his own or through his agents, of persons who never came to the polling booths to exercise their right of franchise and also that impersonation at the polling booths has been effected by the respondent and his agents and his supporters. It has been alleged that the non -compliance with the provisions of the Act and the Rules made thereunder and the commission of corrupt practices committed by the respondent his election agent or his agents with his connivance have materially affected the result of the poll.

(3.) IN the written statement, the respondent besides denying all the allegations of corrupt practices levelled against him by the petitioner has raised some preliminary objections as well. A rejoinder was also filed by the petitioner,