Excelsior Correspondent
Srinagar, Feb 12: Jammu and Kashmir High Court today issued notices to Election Commission of India and Chief Secretary of the State in an election petition alleging bogus voting by National Conference General Secretary, Ali Mohammad Sagar, in Assembly elections of 2015.
Justice MH Attar issued notice to Chief Secretary of State, Election Commission of India, Speaker Jammu and Kashmir Legislative Assembly, Chief Electoral Officer, Returning Officer, District Election Officer, Ali Mohammad Sagar and others for filing their objections in response to the petition by or before next date as the matter has been ordered to be listed in the week commencing from March 16.
The petition has been filed by People’s Democratic Party leader Khurshid Alam who contested the recent Assembly election for Khanyar constituency.
The petitioner alleges that Sagar having participated in the Assembly election from the same constituency right from 1987 is aware that this area had been recording low voter turnout and resorted to illegal and corrupt practices to win elections.
“This was the reason that had made the petitioner to have in depth survey which reflected that the respondent No.7 (Sagar) in connivance with the officers at the helm of affairs hatched a conspiracy and got bogus votes entered into the electoral rolls paving way for his victory”, reads in the petition.
The petition States that after making hard efforts to know the fate of bogus votes, petitioner invoked RTI Act for non-existing voters, expired voters, multiple entry of voters, non-resident voters and those voters who had shifted long back from the Assembly segment.
“That despite the said BLOs having recommended the correction in electoral rolls by the deletion of the persons mention in the list, District Election Officer under whose supervision the Electoral registration is, did not initiate any action despite information”, mentioned the petition.
The petitioner informed the Chief Electoral Officer about the fraudulent entry of 800 bogus voters who had been reflected in 2 and 3 polling stations of the same constituency, but no action has been taken.
The petitioner further states that from the documentary proof there has been 339 multiple entry of voters, 97 expired, 1381 non-existing and 2 non-resident voters in all 1946 bogus voters were used in the Assembly elections as per the petitioner while as Sagar has been declared successful by 1167 votes only.
He further alleges that bogus voting has been allowed in league and connivance with District Election Officer (DEO) and Sagar. He also alleges that Sagar misused his official position as the then Cabinet Minister and hatched criminal conspiracy with DEO and other collaborators to win the election through deceitful means.
In another petition filed by one PDP candidate for Assembly elections held recently, Anayat Ali of Kargil alleges that the winning candidate of Congress Asgar Ali Karbalaie was holding the ‘office of profit’ when he filed his nomination papers and as such be disqualified to be chosen as Member of the Legislative Assembly under and in terms of J&K Constitution.
Justice Hasnain Masoodi after hearing advocate Jehangir Ganaie issued notice to Karbalaie and others for objections and directed listing of the matter for further consideration on February 26.
It is said in the petition that besides salary and other perks including constituency allowance, sumptuary allowance provided to him, he can be removed by the Government from the office as also on account of improper acceptance of his nomination paper, he has been rendered entitled for election to which he was not entitled to under law.
“In this matter the votes cast in his favour are required to be thrown out as per the ‘ Doctrine of Thrown Away of Votes’ cast in favour of Karbalaie and the petitioner is required to be declared elected under law”, reads the petition.
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