x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   People very happy with abrogation of Article 370, situation in J&K normal: MoS Home | Defence Minister Rajnath Singh mocks Pakistan for 'running pillar to post' over J&K, says talks will happen only on PoK | Arun Jaitley’s health condition continues to remain critical | Government's move in Jammu and Kashmir, Article 370 abrogation challenged in SC by retired military officers, bureaucrats | Mobile internet services snapped in Jammu region again | Under detention, Omar and Mehbooba miss favorite food | Governor visit Jaitley at AIIMS | Weapons of over 250 SPOs seized over fear of them joining terror groups | Jammu And Kashmir Government's 4-Point Blueprint For Long-Term Calm | Restrictions eased across Valley, 17 telephone exchanges functional, schools to open from Monday | Pakistan provokes Kashmir, says Lal Chowk to be graveyard soon | Years on, Shergarh village still awaits development in real sense | Will distribute my salary among needy' | NSA Ajit Doval for speedy resumption of telecom services in Kashmir | 2G Internet Connectivity Restored Across Jammu Division | Restrictions eased in 5 more districts of Jammu region, life limping back to normal | Two brothers swept away in Devak river, one rescued | Admit cards to be treated as movement pass: Div Com | With no letup in restrictions, people try to communicate with relatives through letters | Article 370 repealed, over 21,000 West Pakistani families to see new life ahead | Indian Army hits Pakistan post opposite Rajouri sector | Strict action will be taken against rumour mongers IGP Jammu | Soldier martyred in Pak firing along LoC in Rajouri | Flash floods hit Kathua, Samba; 15 rescued | Sanyog Parivar celebrates I-Day | JKTATI celebrates Aarohan | POWERGRID celebrates I-Day | JK Tyre expands India footprint, opens 500th brand shop | ABDPSS celebrates Rakshabandan samaroh | DPS Jammu excels in Inter-DPS Quiz Competition-2019 | JKSAC hails centre for abrogation of Article 370 | PNB organizes Bottom Up Pan India Consultative Process | Association of Micro and Small Scale Industries meets Anoo Malhotra, Director Industries | 'Aggrieved land owner seeks compensation at current market rate' | DCC Jammu Rural stages silent protest over detention of mainstream political leaders | Mankotia calls on Chief Engineer UEED | DC visits flood prone areas in Kathua, emphasizes effective monitoring | DC visits Poonch, takes stock of public issues | BJP holds meet of senior party leaders to review membership campaign progress | SKUAST organizes awareness programme | Around 200 schools in various zones of Srinagar to resume classwork on Monday | Rotary Club organises plantation drive at Women ITI | DC Jammu reviews arrangements for Krishan Janmashtami, Shoba Yatra | Shiksha Niketan organizes awareness campaign | JKNPP delegation to meet central leaders over JK situation: Harsh | Heritage School organizes mock UN on sustainable development | BJP leader Suri hoists Tricolour | Boost efforts to facilitate industry in state: Advisor K Skandan | 2 days Martial Arts Championship concludes | Balwant Thakur's 'Ghumayee' to feature in Shreshtha Bharat | Happy that Ladakh is being discussed in UN: BJP MP Jamyang Tsering Namgyal | HC upholds PSA of criminal | Article 370, 35A - Tag of Emotional Separatism between J&K and India | BJP nominates District Election Incharges, Co-Incharges | Raksha Bandhan on I-Day not mere coincidence: Khanna | Singla cautions school against overloading | Amid Indo-Pak tensions over Kashmir, Pakistani couples get married in Rajkot | Jammu and Kashmir: What Pakistan can do and how India should respond | Inter-House music competition held at Jammu Sanskriti School | Atal Behari Vajpayee equally revered all region of J&K: Prof Gupta | Dr. Manohar lambasts local BJP for cheating nationalist people of Jammu | CEO pays surprise visit to Government Schools | Government ITI organises plantation drive | Historical wrong undone | SKS condemns those opposing revocation of Article 370 | J&K GRAMEEN Bank organized Village Level Programmes | MPEJ justifies house arrest of opposition leaders | JKP scripts history; bags 3 Shourya Chakra for valour, bravery | Pak lies about Trump's willingness to mediate on Kashmir issue | Parental orientation programme held at MV International School | Court acquits Resident Manager SIDCO, other accused in cheating case | Home delivery of LPG in Srinagar, DC reviews status | Court acquits Resident Manager SIDCO, other accused in cheating case | DDC Rajouri convenes meeting of RDD | House collapsed due to torrential rains | Power shut down | MRMJ welcomes removal of Article 370 | Back Issues  
 
news details
HC dismisses non-state subject's plea
'Election to LS can be challenged only via election petition'
5/21/2019 11:19:34 PM
Early Times Report

Srinagar, May 21: The J&K High Court on Tuesday said election to either House of the Parliament can be called into question only through election petition even as dismissed a petition by a non-state subject contestant, seeking direction the Election Commission of India to refix the polling date regarding phase-III of polling on May 6 in the Anantnag parliamentary constituency.
"…it is held that the first proviso appended to Clause (b) of Article 329 of the Constitution of India does not affect the bar against calling in question an election to either House of the Parliament, except by an election petition presented to such authorities and in such manner as has been provided by and under the Act of 1951 made by the Parliament," said a single bench of Justice Ali Mohammad Magrey while dismissing petition filed by Shams Khwaja of Gautam Buddha Nagar in UP, a lawyer, whose fate among the 18 candidates in the Anantnag Lok Sabha seat has been already sealed.
The non-state subject had claimed that he, being a citizen of India, a senior jurist and practicing Advocate based out of Delhi, had submitted his nomination for the Parliamentary Constituency on April 3 which was subsequently held valid on April 5 and after the date of withdrawal on April 8, he among others was declared a contesting candidate from the constituency.
In his petition, Shams submitted that he suffered discrimination at the hands of the local official electoral apparatus at various points in the process thereby tantamounting to sabotaging his electioneering. He submitted that on April 25 on the specific suggestion of the Returning Officer, he submitted his Election Campaign Program for the forthcoming next phase of Election-Districts Shopian and Pulwama and some areas of District Kulgam.
On 26/27 April, Khawaja said that he was informed by the Police Control Room that they are not allowing any political movement in the District for reason of unrest. Khawaja said that he stayed at his base in Pahalgam and could not campaign in District Kulgam for the Phase-II of polling scheduled on April 29.
He also submitted that same yardstick was adopted by the Returning Officer and all the other authorities while denying him to campaign in the areas of District Shopian and Pulwama, by supplying the reasons of security concern. He said that non-consideration his request for allowing him to campaign in the areas of his choice, notified in advance, was brought to the notice of the Nodal Officer, but of no benefit. He submitted that denial of the permission by ECI to conduct smooth campaigning in the areas of his choice notified in advance amounts to blacking out of the candidate and violation of his right guaranteed under Constitution and the laws for the whole phase-III.
After hearing both Khawaja and ECI, the court said that the question that falls for consideration is whether the petition under Article 226 and 227 of the Constitution of India against the decision of the Returning Officer is maintainable?
"Article 329 (of the constitution) opens with the words "Notwithstanding anything in this Constitution" and then Clause (b) says that no election to either House of the Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authorities and in such manner as may be provided for by or under any law made by the Legislature," the court said. The term "election" has been interpreted to mean and include all steps and entire proceedings commencing from the date of notification of election till the date of declaration of result, meaning thereby that in terms of the mandate of Clause (b) of Article 329 of the Constitution of India, no step or proceeding can be called in question, except by an election petition, the court observed further.
"Not only is the bar created by Clause (b), the non-obstante clause with which the Article starts pushes out Section 80 of the Representation of the People Act, 1951, where the dispute takes the form of calling in question an election." However, the court said, the constitutional provision does not leave an aggrieved person without a remedy. The remedy too is prescribed in the very same provision and that is an election petition, the court said.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU