“His election to the single member constituency No. 49-Kargil be declared as void and the petitioner be declared elected for the constituency.
The Peoples Democratic Party candidate from Kargil, Anayat Ali—who lost the recent assembly election to Asgar Ali Karbali of Congress—Thursday has approached the Jammu and Kashmir High Court with a plea challenging the election of Karbalai on the grounds that he was holding the office of profit at the time of filing his nomination. Anayat filed the petition through his counsel Jahangir Iqbal Ganaie.
The petitioner submits that Karbalai was holder of office of profit under the state government on the date he filed his nomination papers and he was holding the office of Executive Councilor, Ladakh Hill development Council, Kargil, on the date of scrutiny.
Stating that the Karbalai enjoyed the status of a cabinet minister and received salary and other perks and allowances accordingly, the petitioner seeks that he should be disqualified from membership of the Legislative Assembly in keeping with section 69 (1) (a) of the Constitution of Jammu and Kashmir.
“His election to the single member constituency No. 49-Kargil be declared as void and the petitioner be declared elected for the constituency,” the petition states.
In keeping with legal procedure, the election petition will be forwarded to the Chief Justice of the High Court who will assign it to a judge for trying.
The respondents in the petition are the Election Commission of India, state through Chief Secretary and Assistant Commissioner Revenue Kargil in his capacity as Returning Officer; LHDC, Kargil through its CEO/DC Kargil.
Besides Karbalai, other two candidates who contested the polls are also respondents.