Excelsior Correspondent
JAMMU, Feb 4: In the election petition filed by National Panthers Party MLA Harshdev Singh challenging the election of Ghulam Nabi Azad, Dr Farooq Abdullah, Prof Saif-ud-Din Soz and Mohd Shafi Uri as Rajya Sabha members, State High Court has framed an additional issue vis-à-vis issuance of three notifications by the Election Commission of India.
The petitioner has challenged the election of respondents as Rajya Sabha members on the ground that the issuance of three notifications was in violation of the provisions of constitution of India and the Representation of the People’s Act, 1951.
After hearing Senior Advocate Bhim Singh with Advocate H C Jalmeria appearing for the petitioner whereas ASGI KK Pangotra for Union of India and Senior Advocate B S Slathia with Advocate Deepak Singh Balouria, Advocates S C Gupta, D S Chouhan, Rattan Lal Gupta and M R Qureshi for the respondents, Justice J P Singh observed, “in view of the pleadings of parties and requirements of law, additional issue therefore, requires to be framed so that petitioner’s challenge to the election of respondents as Rajya Sabha members is examined in its entirety”.
“It is required to be examined as to whether issuance of three notifications No 318/CS-JK/2009 dated January 27, 2009, No 318 CS-JK/2009 dated January 27, 2009 (2) and No 318/CS-JK/2009 dated January 27, 2009 (3) by Election Commission of India was not in accordance with the Constitution of India and the Representation of People Act and whether issuance of these notifications has materially affected the result of the respondents’ election to the Rajya Sabha”.
Justice J P Singh fixed next date of hearing in the first week of March 2013. The judgement written by Justice J P Singh was pronounced by Justice Virender Singh.
It is pertinent to mention here that Ghulam Nabi Azad is presently Union Health and Family Welfare Minister, Dr Farooq Abdullah is Union Minister for New and Renewable Energy, Saif-ud-Din is President Jammu and Kashmir Pradesh Congress Committee and Mohd Shafi is NC MP in Rajya Sabha.
Follow our WhatsApp channel