Srinagar: The Jammu and Kashmir High Court on Friday restrained Sajida Begum, an independent candidate who had won after recounting of votes in Larnoo DDC seat of Anantnag district, from holding the office, saying that the recounting of votes along with the declaration of results was “illegal”.
Sajida Begum was declared the winner after recounting of votes for the District Development Council (DDC) seat in Larnoo block of Anantnag district earlier this month, on 5th February. Sajida had emerged victorious by 61 votes over her close rival, Peoples Democratic Party (PDP) candidate Khalida Bibi.
Earlier on 22nd December when votes were counted across J&K for DDC elections, the PDP candidate Khalida Bibo had emerged winner by a margin of seven votes over the independent candidate. Later, the independent candidate approached higher authorities of J&K including LG Manoj Sinha with the request of conducting recounting of the votes.
After which, the independent candidate Sajida Begum was declared the winner from Larnoo block, at once triggering widespread criticism from a large number of locals who even protested at the Press Enclave in Srinagar a couple of days ago. The locals alleged that the recounting wasn’t done on fair grounds and many votes were rejected at the time of counting.
After losing the DDC seat, Khalida Bibi had moved court alleging that there was discrepancy in the recounting of votes. She said that the number of votes polled was not equal to the number of votes counted, thus making the results in the favour of a particular candidate.
Following which, the High Court restrained both Sajida Begum and Khalida Bibi from holding the office of DDC council while asking the former to file a response within a time-bound manner.
“It is the case of the petitioner that the impugned order dated 02.02.2021, passed by respondent No.3, the Appellate Authority, has been made without hearing the petitioner in violation of the principles of natural justice and, as such, the recounting of votes in pursuance to the aforesaid order and the result of election declared on the said basis is illegal,” the order issued by the High Court of J&K reads.
“It has been further contended that the respondents have without revoking the certificate of election issued in favour of the petitioner, declared the respondent No.1 as successful candidate thereby creating a situation where both petitioner and the respondent No.1 are holding valid certificates of election. The petitioner has also challenged the election of respondent No.1 pursuant to recounting of votes on the ground that even after the recounting of votes, there is discrepancy in the number of votes polled and the number of votes counted”, it added.
The court has directed to issue notice to the respondents for filing counter affidavit by or before next date while the requisite steps for service upon the respondents should be taken within one week.
“In the meantime, petitioner as well as respondent No.1 are restrained from holding the office of Member of District Development Council, Anantnag,” the order says.
It further reads, “Having heard learned counsel for the petitioner and having perused the material on record, it appears that important questions of law have arisen in the writ petition for consideration of this Court. The writ petition is, therefore, admitted to hearing.”
The case, as per the order, has been listed again for 26th of March.

Reader correspondent