Excelsior Correspondent
Srinagar, Aug 26: High Court today quashed the orders of Additional Commissioner Kashmir ordering recounting of the votes of District Development Council (DDC) for the constituency of District Anantnag and directed him to reconsider the matter afresh and decide it in accordance with law and rules occupying the field.
The aggrieved candidate-Khalid Bibi who belongs of Peoples Democratic Party (PDP) has approached the court challenging the order of Appellate court (Additional Commissioner) issued on February 2 as also the order of District Panchayat Election Officer Anantnag passed on 3.2.2021 whereby recounting of votes of Larnoo DDC constituency Anantnag was ordered.
The aggrieved candidate has also challenged the result of recounting held of February 5 and the certificate of election issued by the Returning Officer in favour of winning candidate-Sajida Begum. Petitioner Sajida has submitted before the court that the District Panchayat Election Officer Anantnag has passed the order without hearing her which is in violation of the principles of natural justice.
Justice Javed Iqbal has held that the Appellate Authority while passing the basic impugned order dated 02.02.2021 upon the appeal of the independent candidate-Sajida Begum has in essence failed to decide the appeal on merits and the questions/issues raised therein appropriately, more so, in the absence of the aggrieved candidate.
“…in the peculiar facts and circumstance of the case, this Court refrains from undertaking any exercise in deciding the said question/issues in the instant petition, lest it may prejudice the right of the parties and instead deems it appropriate to remand the case back to the Appellate Authority for reconsideration of the appeal after affording a reasonable opportunity of hearing to the parties”, Justice Iqbal said.
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