HC restrains DDC member from holding office in Anantnag

Excelsior Correspondent
Srinagar, Feb 26: High Court today restrained the independent candidate from holding the office of member of District Development Council (DDC) for the constituency of District Anantnag.
Sanjay Dhar directed for restraining the independent candidate-Sajida Begum for holding the office of member of DDC, Anantnag who was declared as winning candidate after recounting the votes of the constituency.
The aggrieved candidate-Khalid Bibi who belongs of People’s Democratic Party (PDP) challenged the order of Divisional Commissioner Kashmir issued on February 2 as also the order of District Panchayat Election Officer Anantnag whereby recounting of votes of Larnoo DDC constituency Anantnag was ordered.
The aggrieved candidate has also challenged the result of recounting held of February 5 and the certificate of election issued by the Returning Officer in favour of winning candidate-Sajida Begum. Petitioner has submitted before the court that the District Panchayat Election Officer Anantnag has passed the order without hearing her which is in violation of the principles of natural justice.
She said the order of recounting of votes as such in pursuance of the order of the said authority and the result of election declared on the said basis is illegal. Court after hearing the counsel of Khalid Bibi and having the material put on record said the important question has arisen in the petition for consideration of the court as such admitted the petition for further hearing.
Court in the meantime restrained the respondent-Begum from holding the office of member of DDC Anantnag. Court was also informed that the authorities without revoking the certificate of election issued in favour of the aggrieved candidate declared the Begum as successful candidate thereby creating a situation where both candidates are holding valid certificate of election.