HC issues notice to BJP MLA, Ors in Election Petition filed by Harsh Dev Singh
30/11/2024
JAMMU, Nov 29: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court issued notice to Chief Sereatry J&K, Chief Electrol Officer J&K , Chief Election Commission of India, Balwant Singh Mankotia and ors to file response in Election Petition filed by Harsh Dev Singh.
The election petition is being filed by the petitioner under sec 80, 81 and 84 read with sec 100, 101 and 123 of the Representations of Peoples Act challenging the election of Mr Balwant Singh Mankotia, returned candidate from 61-Chenani assembly constituency and for setting aside the same. That the petitioner is a citizen of India and entitled to all fundamental and legal statutory rights under the constitution and laws by the land. The petitioner had unsuccessfully contested the assembly elections for Chenani Assembly Constituency which were announced vide gazette notification dated 05-09-2024 for which voting was held on 01-10-2024 and results declared on 08-10-2024. That the petitioner stood at second place in the said elections in which nine candidates had participated.
the BJP candidate Mr Balwant Singh Mankotia, respondent no. 10 herein was declared elected on 08-10-2024 and his election is being challenged in view of several illegalities and corrupt practices having been committed during the process of the said elections. These include corrupt practices, Bribery, Undue influence, false and malicious publications, wrong, incomplete information in election affidavits besides contradictory information and suppression of material information in affidavits filed by the returned candidate, non furnishing of undertaking with affidavit as required under law, blank columns in election affidavit, abuse of govt machinery and enlistment of support from govt employees/officers, use of threats of injury to influence the voters, use of religion and promotion and attempts of promotion of enmity between various classes on grounds of religion etc besides others.
Justice Rajnesh Oswal after hearing Advocate Aseem Kumar Sawhney for the petitioner observed that 3. Case for issuance of notice to the respondents is made out and issue notice to the respondents. Sr. AAG Monika Kohli waives notice on behalf of the respondent Nos. 1 and 4. She seeks time to file response and time is granted. Let the needful be done by or before the next date of hearing. Now the notice shall go only to other respondents, subject to petitioner's taking necessary steps within a period of one week, Justice Rajnesh Oswal said
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