GH MOHD DAR Vs. ELECTION AUTHORITY, BARAMULLA

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution of India read with section 103 of the Constitution of the State, is for an issuance of a writ of Certiorari for quashing the judgment and order of the Election Authority, (District Panchayat Officer, Baramulla, hereinafter referred to as "The respondent No. 1") accepting the appeal of respondent No. 2.

(2.) IN pursuance of notice issued by the competent authority, the petitioner filed his nomination paper in respect of Panchayat Board of Rebhan Circle, Tehsil Sopore, Kashmir before the Returning Officer. Along with the petitioner, respondent Nos.2 and 3 also filed their nomination papers. On 8th of February, 1978, when the scrutiny of the nomination paper was conducted, an objection was raised in respect of the nomination paper of the petitioner that the electoral roll No. of the petitioner had not been correctly filled in. The Returning Officer over -ruled the objection and in exercise of his power under Rule 68 of the Rules under the Jammu and Kashmir Village Panchayat Act, permitted the clerical mistake to be corrected. Accordingly he accepted the nomination paper of the petitioner. Respondent No. 2 feeling aggrieved with the order of the Returning Officer, filed an appeal before respondent No. 1 under Rule 83 of the Village Panchayat Act, which was allowed vide his order dated 15 -2 -1978. The petitioner has assailed the order of accepting the appeal by respondent No. 1 on the following grounds :

(3.) RESPONDENT No. 3 has supported the case of the petitioner. This respondent has sworn a reply affidavit in which he has affirmed that the appeal filed by respondent No. 2 before respondent No. 1 was incompetent and respondent No. 1 had no jurisdiction to entertain the appeal. The nomination paper of the petitioner was rightly accepted by the Returning Officer.