Order restraining conduct of elections
Excelsior Sports Correspondent
JAMMU, June 10: Additional District Judge Jammu Tahir Khurshid Raina has dismissed an appeal filed by J&K Olympic Association challenging the order passed by the Special Mobile Magistrate Jammu whereby the appellant was restrained from conducting election of office bearers of the Association, which was scheduled on February 16, 2020.
The order of the Special Mobile Magistrate was challenged on the ground that once election process gets initiated it cannot be stalled except by way of challenging through election petition or suit after the process is over.
“The respondent—Dr Vikram Handa, Member of J&K Basketball Association had no locus standi to question the election of the Olympics Association for being not a voter in the election”, the Olympic Association submitted before the Additional District Judge. It was further submitted before the court that the appellant association doesn’t require nor it receives any financial assistance from J&K Sports Council, which has no authority to recommend the candidates of adhoc body to look after the affairs of Olympic Association.
After hearing counsels for both the sides and referring several judgements, the Additional Sessions Judge observed, “the trial court has put the election on hold till next date subject to objections from the other side. There seems to be no bias and perversity in the order”, adding “once the order impugned doesn’t suffer from any legal infirmity I don’t feel legally appropriate to render my decision on the arguments advanced by the appellant which touch the merit of the case and goes to the root of the issue”.
With these observations, the court dismissed the appeal. However, keeping in view the nature of controversy involved the court directed the Trial Court to expeditiously dispose of the interim application preferably within one month from the date of receiving this order.
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