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2014 Supreme(J&K) 314

Hasnain Massodi, ALI MOHAMMAD MAGREY
Gh. Mohd. Lone – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
B.A. Bashir, Asifa Bijli, R.A Khan, G.A Lone.

Per Massodi, J.

1. Appellant admittedly participated in election to the office of Sarpanch, Panchayat Halqa "KP-299", Budnambal Payeen, Kralpora, Kupwara held on 08.05.2011. He claims to have secured 262 out of 532 votes polled in the election as against 261 votes secured by his immediate opponent-Abdul Subhan Lone, who has been formally declared elected, notwithstanding Assistant Returning Officer earlier declaring appellant elected as Sarpanch of Panchayat Halqa, in question. It is stated that after the petitioner was declared elected by the Assistant Returning Officer, the Authorities, on intervention of someone not associated with conduct of elections, went for a recount, rejected one of the votes cast in his favour, reducing his tally to 261 votes, and declared his opponent elected on the strength of draw of lots.

2. Aggrieved with the declaration made by the Returning Officer, appellant filed an appeal before the Appellate Authority. The Appellate Authority found no merit in the Appeal on the ground that the Appellant having signed the Form PEL-17 was not competent to maintain the appeal. Not satisfied with outcome of Appeal, appellant approached Writ Court with a writ petition

















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