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| HC directs DC Jammu to file reply or appear in person | | | Early Times Report
Jammu, Dec 19: In an Election Petition, Justice BS Walia directed Dy District Panchayat Election Officer Jammu - the Deputy Commissioner (DC), Jammu to file reply and failing so he shall appear in person along with the record on December 28.
When the hearing was taken up here today arguing Counsel Sr Advocate S S Lehar along with Advocates Amit Gupta and Aditya Sharma submitted to the court that one Janko Devi had filed an Election Petition with respect to election for the post of 'Panch', Sekhpura Constituency, Panchayat Halqa, Kathar regarding illegally elected candidate, namely Sunita Devi.
Court was apprised that the date for scrutiny of nomination was 26/11/2011 and the last date for withdrawal of candidature was 28/3/2011, but surprisingly the name of Sunita Devi came up after the due date.
It also submitted that the action of the respondents is absolutely arbitrary because once the person whose name was not there in the scrutiny of nomination, how she can then be elected for the said post.
They further contended that it was only Janko Devi who was entitled for declaration of being elected unopposed as per Rule 14 of the Panchayati Raj Act and that even in the communication letter of Joint chief Electoral Officer to the District Panchayat Election Officer, it has been specifically admitted that there is improper acceptance of Nomination Form of Sunita Devi.
After hearing the counsels, Justice B S Walia said that in case reply is not filed within one week then the same can be filed only subject to payment of cost of Rs.5,000/- and further directed that if the reply is not filed then the Dy Commissioner, Jammu has to appear in person along with original record on December 12. (JNF) |
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