Srinagar: The J&K High Court stays a government order wherein the election of a candidate from Kupwara elected as Panch has been declared null and void.
The petitioner Hakeem Din Gojar through his advocate Mansoor Mir submitted before the court that the respondents without any cause of action have declared the election of the petitioner as Panch of the constituency no.26 as ‘null and void’.
The counsel informed court that the Additional Deputy Commissioner Kupwara without appreciating the facts and without hearing the petitioner has passed the order.
It was further submitted that the impugned order is an ex-parte order passed without even putting the petitioner to notice, therefore, nullity in the eyes of law.
“So is the order passed by the District Panchayat Officer, Kupwara, dated 24 April, 2021,” the petitioner counsel told court.
Justice Sanjeev Kumar while hearing the matter recorded that the case for indulgence at this stage is made out.
The court issued notice to the respondents returnable within a period of four weeks.
“In the meanwhile, the court said, “subject to the objections from the other side and till next date of hearing before the Bench, the order dated 22 April, 2021 passed by the Appellate Authority and order dated 24 April, 2021 passed by the District Panchayat Officer Kupwara are kept in abeyance.”
Earlier petitioner- Hakeem Din Gojar submitted that he being the voter of Panchayat Halqa (25) Block Wawoora and belonging to Scheduled Tribe category decided to contest the election from Ward no.6.
“After contesting the elections, the petitioner claims that he was elected as Panch of the Block Wawoora.”
The petitioner further mentions that he performed his duties honestly and in the interests of the people but he was surprised when he was told that his election as Panch has been declared null and void which is against the tenets of natural justice.