Petition filed by Oil Tank Truck Drivers Union
Excelsior Correspondent
JAMMU, Jan 1: High Court has stayed the notification dated May 29, 2023 issued by Tehsildar Mandal and issued notice to the respondents in a petition filed by All J&K Oil and LPG Tank Truck Drivers and Cleaners Union.
Advocates Meenakshi Slathia Kour and Mandeep Singh Bijral appearing for the petitioners submitted that voter list of the voters of the Union till date has not been corrected and the list which has been released by the concerned Tehsildar contains bogus and fake voters and yet the process is being issued for conducting the election.
The specific case, which was advanced by counsels for the petitioner was that the notification although, was issued in the month of May, 2023, yet has not been acted upon in the light of the interim direction passed by the court below.
“Since the withdrawal of the suit, the list of fake voters has again come into play and the fact remains that till date, the voter list has not been finalized, however, on the other hand respondent is pressuring the petitioner to conduct the elections based on the list of fake voters, which is against the mandate of the Constitution of the Union and against the principle of free and fair elections”, they further submitted.
“Even otherwise also the impugned notification which was issued way back on 29.05.2023 has lost its significance in light of the fact that the schedule/date which has been prescribed in the notification has already lost its validity and thus on this account also, the impugned notification cannot be acted upon, unless, a fresh notification notifying the date is issued”, they said, adding “the petitioner being the Returning Officer is under legal obligation to ensure that the elections are conducted fairly”.
After hearing counsels for the petitioner, Justice Wasim Sadiq Nargal issued notice to the respondents returnable within four weeks.
Meanwhile, subject to objections from other side and till next date of hearing before the Bench, the impugned notification No. MA/Letter/2023-24/22-24 dated 29.05.2023 issued by Tehsildar Mandal (respondent No.7) shall remain stayed, High Court. However, High Court made it clear that this will not preclude Tehsildar Mandal to re-validate the list by excluding the bogus and fake voters and subject to re-revalidating the list, respondent will be at liberty to proceed with the elections by issuing a fresh notification in this regard.
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