STATE TIMES NEWS JAMMU: Justice Ali Mohammad Magrey of State High Court on Tuesday dismissed the petition filed by Shams Khawaja seeking direction to Election Commission of India through Returning Officer 3-Anantnag Parliamentary Constituency, to re-fix the polling date with regard to third phase of polling (Fixed for May 6, 2019) in the constituency. While dismissing the petition, the court observed that Court cannot interfere for thwarting the election process but it does not mean that in case the commission has acted arbitrarily and not completed the election process, the Court cannot exercise its power of judicial review and direct the Commission to complete the election process. “Holding so, the order of countermanding the election was quashed and the State Election Commission was directed to compete the counting of votes and declare the result in accordance with law. This judgment, therefore does not advance the case of the petitioner herein, it rather holds that the election process should proceed ahead and that it should not be interrupted”, the court observed. The court held that the first proviso appended to Clause (b) of Article 329 of the Constitution of India does not affect the bar against calling in question an election to either House of the Parliament, except by an election petition presented to such authorities and in such manner as has been provided by and under the Act of 1951 made by the Parliament. “Resultantly, this petition, calling in question the decision of the Returning Officer would not lie, as a sequel thereto, same is held to be not maintainable”, the court observed.
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