Krishni Devi vs State Of J&K And Ors

Notice. Mr. Arshad Malik, learned Dy.AG accepts notice on behalf of the official respondents.

With the consent of learned counsel for the parties, writ petition is taken up for final disposal.

Through the instant writ petition, petitioners seek the following reliefs:-

"a) An appropriate writ, order or direction in the nature of writ of certiorari quashing election of Sarpanch for Panchyat Kudhaar-A Block Kastigarh Distt. Doda vide which the private respondent has been declared as Winning Candidate.

b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the official respondents to hold fresh elections for Sarpanch of Panchayat Panchyat Kudhaar A Block Kastigarh Distt. Doda by allotting different Symbols to each candidates contesting for the same and strictly inconsonance with the provisions of law.

c) An appropriate writ, order or direction in the nature of writ of mandamus prohibition restraining the official respondents from issuing certificate of winning candidate for the Post of Sarpanch till the re-polling is conducted for the post of Sarpanch of Panchayat Halga Kudhaar-A Block Kastigarh Distt .Doda."

The case of the petitioner is that she belonging to Kudhaar-A Block Kastigarh District Doda and was desirous of serving the said Panchayat as Sarpanch, therefore, she, in order to contest the election for Sarpanch, filled up her nomination forms alongwith requisite fee. It is stated that for the election of Sarpanch in Panchayat Kudhaar-A, the private respondent also filled up his nomination form. Another persons have also filled up their nomination form for being elected as Sarpanch and Panches for the said Panchyat Kudhaar-A. The official respondents allotted the symbols to all the candidates contesting for the said election for Panch and Sarpanch, but being a matter of great concern, the official respondent No.2 issue same election symbols to most of the candidates contested for the post of Sarpanch as well as Panch for the Panchyat Kudhaar-A Block Kastigarh. It is further stated that when petitioner came to know regarding the same symbol allotted to the different candidates contesting for the post of Sarpanch and Panch for the said area, agitated the said matter with the official respondents and in this respect, she also submitted her detailed representation to the District Election officer, Doda, i.e. respondent No.2 that too well within time, but the respondent no.2 did not take any step with respect to the same. It is stated that a number of voters express that they took the Bat Symbol for Manju Devi Sarpanch Candidate and casted the Vote for BAT which has been for other candidate also. The official respondents in order to win their blue eyed person, play mischief with the illiterate voters as well as candidates who were contested the election for the post of Sarpanch as well as Panch for the Panchyat Kudhaar-A Block Kastigrah. It is contended that as per the mandate of law as well as Panchyati Raj Act and Rules framed there under, the Symbol chosen are such that they can be easily understood remembered and recognized by the average voter. But the official respondents who are hand in glove with one of the candidate, have illegally allotted same election Symbol BAT to most of the candidates, which action of the official respondents are highly objectionable as such, re-polling is required to be done in the said Panchyat by allotting different Symbols. Allocation of same symbols by Executive/Election officers was erroneous, improper and arbitrary and capricious and also to misled the illiterate people/voters. A survey conducted in the year 2014, clearly depicts that literacy rate in the area was 2% and the Volunteered by the students, people of that area learn their signs and grant of same symbols to contestants for Panchyat Elections is only to mislead the illiterate voters.

After arguing for a while, learned counsel for the petitioner states that petitioner would be satisfied if liberty is given to her to file an appeal before the competent authority and the said authority be directed to dispose of the same within the stipulated period mentioned in the Panchyati Raj, Act. Submission made is considered. There is no legal impediment in granting such relief.

Learned counsel for the official respondents states that he has no objections, in case, submission of learned counsel for the petitioner is allowed.

In view of the aforesaid submissions made by learned counsel for the petitioner and in the facts of the case, the instant petition is disposed of by giving liberty to the petitioner to file an appeal before the competent authority and if such appeal is filed the said authority shall dispose of the same within the stipulated period as mentioned in the Panchyati Raj, Act.

With the aforementioned observations, the writ petition is disposed of along with connected MP(s).