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JAMMU AND KASHMIR HIGH COURT
, ACJ, ACJ
Chief Electoral Officer J. and K. Jammu and Another v. Janko Devi and Others
| Table of Content |
|---|
| 1. first respondent should have been declared elected unopposed. (Para 1 , 2 , 3) |
| 2. contention regarding nomination certificate issue. (Para 6 , 8 , 9) |
| 3. right to serve as panch and awarded costs for violations. (Para 7 , 16) |
| 4. writ court's discretion to entertain petitions despite alternate remedies. (Para 10 , 11 , 12) |
| 5. electoral procedure and acknowledgment of valid nominations. (Para 13 , 14 , 15) |
1. This appeal is filed by the Chief Electoral Officer as well as by the District Panchayat Election Officer Jammu challenging the order of the writ court made in OWP No. 515/2011 dated 31.03.2016 where in the learned Single Judge has allowed the writ petition filed by the first respondent - writ petition and set aside the order of fresh elections to the Panch, constituency Shekhpura of Panchayat Halqa Kathar Block Bishnah and directing the appellants to declare the first respondent as duly elected Panch and ordering to pay a sum of Rupees one lac as exemplary costs to the first respondent as she was prevented from functioning as Panch for over 4 1/2 years.
The case of the first respondent - writ petitioner before the writ court was as follows:
2. The first appellant is
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