JAMMU AND KASHMIR HIGH COURT
Mufti Baha-ud-Din Farooqi, ACJ
Speaker Legislative Assembly v. Abdul Jabbar Sheikh Hassan-Ud-Din Banday and Others
1. The Preliminary issue which this court is called upon to decide at this stage is : -
"Whether the allegations contained in the complaint of Sardar Rafiq Hussain Khan dated 3-7-1984, addressed to the Speaker Legislative Assembly attract the provisions of S.24 - G of the Representation of the People Act ? If so, what is its effect?"
The facts deserve notice only in so far as they are relevant to the pristine issue aforesaid.
2. Sardar Rafiq Hussain Khan, Chief Whip of the Jammu and Kashmir National Conference, addressed the following communication to the Speaker of the Jammu and Kashmir Legislative Assembly:
"To
The Hon'ble Speaker,
J and K Legislative Assembly,
Srinagar.
My dear Sir,
I as Chief Whip of Jammu and Kashmir National Conference Legislature Party wish to inform you that the following members of the Legislature Party have violated the Party Whip and chosen voluntarily to withdraw support they were obliged to lend to Leader of the House Dr. Farooq Abdullah to whose Party they belonged and have chosen Shri G. M. Shah as their Leader knowing full well that he has been expelled from Jammu and Kashmir National Conference. This constitutes defection in terms of Anti - Defection Law 
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