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2022 Supreme(J&K) 489

SANJAY DHAR
Abida Afzal – Appellant
Versus
State Election Commission – Respondent


Advocates appeared:
Muzaffar Ahmad Khan, Advocate, Khursheed Ahmad, Advocate, Hilal Ahmad Wani, Advocate

JUDGMENT

Sanjay Dhar, J. - The petitioner has challenged Notification/order No.SEC/ PYT/2022/24 dated 16.11.2022 as also order No.22/SEC/DDC/ 2022 dated 1611.2022, issued by respondent No.2, whereby re-poll of DDC constituency Hajin-A has been scheduled for 5th December, 2022. A further direction has been sought commanding the respondents to hold the counting of votes polled in favour of the candidates to the exclusion of respondent No.4. A direction has also been sought upon the respondents to declare the result of DDC constituency Hajin-A on the basis of already held polling to the exclusion of respondent No.4.

2. The facts emanating from the pleadings of the parties reveal that respondent No.1 had issued a notification on 29th October, 2020, for conduct of General Elections to the District Development Councils, including for the District Development Constituency Hajin-A. While the results of the elections relating to 13 District Development Constituencies out of 14 Constituencies of District Bandipora, were declared, the result of DDC Constituency Hajin-A was withheld. This was done for the reason that the nomination form of one of the candidates of the said constituency, Mst. Sha

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