High Court grants 4 weeks to ECI to file objections

JKPC Is A Recognized State Party, Argues Counsel



Srinagar, Dec 3:  The High Court Monday issued notice to the Election Commission of India granting it four weeks to file objections to the petition by the Jammu and Kashmir Peoples Conference challenging its decision of derecognizing it as a state party and withdrawing its ‘Lion’ symbol.   The Court of Justice Muhammad Yaqoob Mir also directed the ECI to take decision on the representation filed by the party, saying that the pending disposal of a main writ petition should be taken as impediment in disposing of the representation of the petitioner.   
 In the Petition filed through Advocate G M Lone, Chairman of JKPC, Sajjad Gani Lone has sought quashment of ECI’s order that withdraws the recognition of the party.
 According to the order passed on July 30, 1997, the JKPC has been de-recognised after the Commission found that the party “did not contest general elections to Lok Sabha and State Legislative Assembly in 1996.” “The Commission holds the view that the party has “failed to fulfill any conditions laid down in Para 6(2) of Symbols order for recognition as state party in Jammu and Kashmir,” reads the ECI order.
 The order  adds: “In terms of Paragraphs 6 & 7 of the Election Symbols (Reservation and Allotment) Order 1968 as well as under the relevant provisions of the Jammu and Kashmir Conduct of Election Rules, 1965 recognition to Jammu and Kashmir Peoples Conference is withdrawn and consequently the party shall not be entitled to the use of Symbol lion in the elections.”
 The Counsel for the petitioner today submitted that Election Commission of India has not considered a representation of his petitioner submitted before it on May 1, 2005 seeking the revocation of the order of July 30, 1997 passed with regard to de-recognition of the party. 
 He argued that the JKPC was a recognized state party under the provisions of Election Symbols (Reservation and Allotment) Order, 1968 and cannot be derecognized.
 “JKPC continues to be a recognized state party under the provisions of Election Symbols (reservation and allotment ) Order, 1968 as amended from time to time and the Lion continues to be reserved symbol of the party and the party is entitle to use the Symbol,” he argued.
 According to ECI, a show-cause notice was served on March 27, 1997 to the General Secretary JKPC as a review of the poll performance of the party in the general elections held in 1996 did not satisfy any of the criteria laid down for recognition of the party as state party in Jammu and Kashmir.
 The counsel told the court that show cause notice was not received by the party saying the allegedly sent notice was issued when many workers of the Party including its Chairman Abdul Gani Lone were in Jail and office of the party was closed across the valley on account of armed operations.
 “No proof of the service of  the communication of April 23, 1997 informing the party about a meeting  which was to be held with the Commission on May, 7, 1997 has been provided to the petitioner,” he argued.
 The counsel argued: “The Chairman of the JKPCC was assassinated on May, 21, 2002 following which the office bearers, workers , executive council and other organizational units accepted the petitioner as Chairman JKPC.”

Lastupdate on : Mon, 3 Dec 2012 21:30:00 Makkah time
Lastupdate on : Mon, 3 Dec 2012 18:30:00 GMT
Lastupdate on : Tue, 4 Dec 2012 00:00:00 IST

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