JKUT (Jammu), December-05-2022: – Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court today dismissed the petition filed by Abida Afazal Notification/order No.SEC/ PYT/2022/24 dated 16.11.2022 as also order No.22/SEC/DDC/ 2022 dated 1611.2022, issued by respondent No.2, whereby re-poll of DDC constituency Hajin-A has been scheduled for 5th December, 2022. A further direction has been sought commanding the respondents to hold the counting of votes polled in favour of the candidates to the exclusion of respondent No.4. A direction has also been sought upon the respondents to declare the result of DDC constituency Hajin-A on the basis of already held polling to the exclusion of respondent No.4
Justice Sanjay Dhar while dismissing the petition, observed that It has been contended by counsel for the petitioner that both the orders regarding declaration of earlier poll as void and announcing the re-poll are arbitrary in nature as respondent No.1 does not have authority to do so and, as such, the writ petition is maintainable. In this regard, it has already been held that respondent No.1 has vast powers under Section 36 of the Panchayati Raj Act read with Rule 108-ZM of the Rules to pass any order for smooth conduct of the election. Therefore, respondent No.1 was well within its jurisdiction to pass the order declaring the earlier poll as void and to order re-poll. The question whether this decision of respondent No.1 is legally tenable can only be determined by the prescribed Authority at the time of considering the petition challenging the election and this Court, in exercise of its writ jurisdiction, cannot go into the merits of this decision once it has been held that respondent No.1 has jurisdiction to make such a decision. Apart from this, by virtue of the impugned notification,respondent No.1 has not stalled the election process, rather it has taken a step towards completion of the election process. Therefore, the bar contained in Article 243-O of the Constitution is attracted to the maintainability of the instant petition. JNF