Appear in person: Court directs ADC

ROW OVER SARPANCH ELECTION

Srinagar, May 17: The Jammu and Kashmir High Court on Friday directed the Additional Deputy Commissioner Kupwara Abdul Aziz Bhat to appear in person along with records pertaining to a contempt petition before the Court on May 23. 
 A bench presided over by Justice Ali Muhammad Magray passed the direction on a contempt petition filed by a Sarpanch Ghulam Muhammad Lone of Budnambal after senior Counsel Bashir Ahmad Bashir representing the petitioner pleaded that the court directions were not complied with by the respondent.
 Earlier a division bench of High Court had directed ADC Kupwara being an appellate authority to decide Lone’s appeal against the position of Sarpanch.  The court had directed the ADC to decide the appeal within two weeks. For election of the Sarpanch, polls were held in halqa KP 299, Budnambal in Kupwara district in which a candidate Ghulam Muhammad Lone secured 162 votes and the appellant Muhammad Subhan secured only 161 votes.
 Subsequently the Returning Officer declared Ghulam Muhammad as winner and asked him to collect the certificate next day.  But due to some unknown reasons some unknown person in connivance with the returning officer decided that votes would be recounted.
 After recounting, the unknown person declared a vote illegal which resulted in a tie to be decided by toss, which was strongly objected by the respondent G M Lone.
 Then one vote was declared illegal which forced the authorities to go for toss wherein Shaban who had lost the election was declared as successful. Respondent Ghulam Muhammad challenged the results before Election Authority on the grounds that he had neither asked for recounting nor for toss.
 His appeal was turned down however he approached the High Court through the petition which was allowed in his favour. Subhan Lone filed appeal against the order of writ court before the division bench which was dismissed.

Lastupdate on : Fri, 17 May 2013 21:30:00 Makkah time
Lastupdate on : Fri, 17 May 2013 18:30:00 GMT
Lastupdate on : Sat, 18 May 2013 00:00:00 IST




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