High Court restrains candidates claiming winner of Larnoo Ang DDC seat from holding office

High Court on Friday restrained the Sajida Begum (independent candidate) as well as the petitioner ( Khalida Bibi of PDP) from holding the office of Member of district Development Council, Anantnag.

The independent candidate (Sajida Begum)was recently declared the winner following the recounting of votes for the District Development Council (DDC) seat in Larnoo block of south Kashmir’s Anantnag district.

After recounting, Sajida Begum had emerged as the winner by 61 votes, earlier Khalida Bibi of Peoples Democratic Party (PDP) was declared the winner by the Returning Officer on December 22 when the counting of votes took place. Her closest rival, Sajida had secured seven votes lesser than her. Khalida had already taken oath as a DDC member last month.  However, the recounting changed the results in Sajida’sfavour. The block reserved for women went to polls in the first phase on November 28, 2020.

The petitioner challenged the orders bearing No.DivCom/RA-DDE/04/2021 dated 02.02.2021 passed by respondent No.3 and DEO/Ang/DC/Recounting/ 2021/7437-9449 dated 03.02.2021, issued by District Panchayat Election Officer, Anantnag, whereby recounting of votes of 8 Larnoo DDC Constituency,Anantnag, has been ordered. Besides this, the petitioner has also challenged the result of recounting dated05.02.2021 and the certificate of election issued by Returning Officer in favour of respondent No.1.

It is the case of the petitioner that the impugned order dated 02.02.2021, passed by respondent No.3, the Appellate Authority, has been made without hearing the petitioner in violation of the principles of natural justice and, as such, the recounting of votes in pursuance to the aforesaid order and the result of the election declared on the said basis is illegal. It has been further contended that  2 WP(C) No.301/2021 CM No.1036/2021, the order issued by High Court reads.

“The respondents have without revoking the certificate of election issued in favour of the petitioner, declared the respondent No.1 as successful candidate thereby creating a situation where both petitioner and the respondent No.1 are holding valid certificates of election. The petitioner has also challenged the election of respondent No.1 pursuant to recounting of votes on the ground that even after the recounting of votes, there is a discrepancy in the number of votes polled and the number of votes counted”.

The High Court order reads: Having heard learned counsel for the petitioner and having perused the material on record, it appears that important questions of law have arisen in the writ petition for consideration of this Court. The writ petition is, therefore, admitted to hearing.

Issue notice to the respondents for filing counter affidavit by or before the next date. Requisite steps for service upon the respondents be taken within one week.”

” In the meantime, petitioner, as well as respondent No.1, are restrained from holding the office of Member of District Development Council, Anantnag. Modification/alteration on motion.” The case has been listed again on 26.03.2021