The High Court on Tuesday dismissed a petition seeking to refix the polling date with respect to the third phase of polling which was fixed for 06 May 2019.
The petition filed under Article 226 and 227 of the Constitution of India, by one of the candidates, Shams Khawaja claims that he had submitted his nomination for the 3-Anantnag Parliamentary Constituency on 03 April 2019 and 05 April 2019.
The petition says that he was not allowed free movement for campaigning in the constituency and by this approach his the constitutional right stands violated.
It is submitted that petitioner suffered discrimination at the hands of the local official electoral apparatus at various points in the process thereby tantamount to sabotaging his electioneering.
It says that on 25 April 2019 on the specific suggestion of the Returning Officer, petitioner had submitted his Election Campaign Program for the forthcoming next phase of Election i.e.Districts Shopian and Pulwama and some areas of District Kulgam,
It further says that the petitioner was informed by the Police Control Room that they are not allowing any political movement in the District for reason of unrest due to which the petitioner could not campaign in district Kulgam for the 2nd Phase of polling scheduled on 29th April, 2019.
“Same yardstick was adopted by the Returning Officer and all the other authorities while denying the petitioner to campaign in the areas of district Shopian and Pulwama, by supplying the reasons of security concern,” petition states.
The counsel representing Election Commission of India through Returning Officer raised a preliminary objection with regard to the maintainability of the petition.
While dismissing the petition, the Court of Justice Ali Mohammad Magrey questioned the maintainability of the petition and said the petition, calling in question the decision of the Returning Officer would not lie, as a sequel thereto, “same is held to be not maintainable.”
“Accordingly, the writ petition is dismissed together with the connected CMs. Interim direction, if any, passed and subsisting as on date, shall stand vacated,” Court said.
Court also said that the petitioner is left free to agitate his grievance, if any, in an election petition after the elections are over.