Srinagar, Feb 26:Jammu and Kashmir High Court has issued notice to authorities amid contention that two candidates possess certificate of DDC election from Larnoo-8 seat in south Kashmir’s Anantnag district.
A bench of Justice Sanjay Dhar passed the orders on a petition filed by PDP candidate Khalid Bibi who actually lost the election to Sajida Begum (independent) on recounting of votes.
District Panchayat Election Officer, Anantnag, had notified recounting of votes for the 08-Larnoo DDC Constituency following directions by Additional Commissioner, Kashmir—the Appellate Authority before whom Sajida Begum had preferred an appeal as per the law.
Initially Sajida Begum had lost by seven votes but declared winner by 61 votes on recounting against Khalid Bibi on 5 February this year.
In his plea filed through senior counsel Z A Shah, Khalid Bibi has challenged the orders of recounting well as declaration of Sajida Begum as winner even without revoking the certificate ofelection issued in her (Kalid Bibi’s) favour.
Khalid Bib has challenged that election on the ground that even after the recounting of votes, there is “discrepancy in the number of votes polled and the number of votes counted.”
She has challenged the Appellate Authority’s order on recounting on the ground that same has been made without hearing her in violation of the principles of natural justice and, as such, the recounting of votes and the result of election declared on those basis is “illegal”.
She has also contended that authorities have without revoking the certificate of election issued in her favour declared Sajida as successful candidate thereby creating a situation where both, Khalid Bibi and Sajida are holding valid certificates of election.
“Issue notice to the respondents for filing counter affidavit by or before next date… In the meantime, petitioner (Khalid Bibi) as well (Sajida Begum) are restrained from holding the office of Member of District Development Council, Anantnag,” said the court.
The DDC Election for 08- Larnoo was conducted in Phase-1 on 28 November last year and then the Returning Officer had declared the Khalid Bibi as winner by a margin of 07 votes against her nearest rival Sajida Begum on 22 December last year when counting of the voting took place.