Tassadiq's election to LC declared void

HC dismisses application seeking stay on judgement JAMMU, Mar 16 (JNF): Justice YP Nargotra of the State High Court Jammu today dismissed the application filed by Tassadiq Hussain whose election to the Legislative Council has been declared void and in his place petitioner, Mohd Rashid Qureshi has been declared elected vide judgment dated March 13, 2006.

The appellant sought stay on the said judgment in terms of section 124 of the Representation of People's Act.

The ground for seeking stay was that as the Supreme Court of India was observing vacations which is scheduled to open on March 20, 2006 therefore, the appellant has been incapacitated in filing the appeal against the judgment which lies in the Supreme Court alone.

The court issued notice for March 17, 2006, however, on the mention of applicant, this application come up today and the Court heard the matter in the chamber during the break as Justice Nargotra was sitting in Division Bench.

Justice Nargotra after hearing Advocate Murtaza Khan appearing for the appellant Tassadiq Hussain and Advocate DS Chouhan appearing for the petitioner Mohd Rashid Qureshi, observed that the petitioner's counsel submitted that the judgment stands already implemented and the petitioner, Qureshi has already taken oath of Office as a member of the Legislative Council today itself at 11:00 AM, pursuant to the judgment of this Court.

"The counsel further pleaded that this application has been rendered infructuous, contrary to the the contention of applicants counsel Khan that in terms of section 113 of the J&K Representation of People's Act, an order passed under section 106 and 107 of the Act takes effect as soon as pronounced." The fact of taking oath cannot come in the way of staying the implementation of judgment pleaded Khan further submitting that in terms of section 124 of the said act, there is sufficient cause for staying the judgment of this Court.

Court further observed that Court is not in agreement with Murtaza Khan, since the judgment stands already implemented and the petitioner has already been administered oath as a MLC,." "Therefore, in view of the Court, it would not be appropriate to stay the judgment." With these observations, the Court dismissed the application filed seeking stay on the judgment.