HC Dismisses Plea Against Sagar, Karbalai’s Election To Dissolved House

J&K High Court – File Pic

Srinagar: Jammu and Kashmir High Court has dismissed petitions challenging election of National Conference General Secretary Ali Mohammad Sagar and former MLA Asgar Ali Karbalai to erstwhile Jammu and Kashmir Legislative Assembly.

PDP leader Khursheed Alam had challenged Sagar’s election and had sought a direction to declare him as an elected candidate for the Khanyar assembly constituency.

Sagar’s counsel Advocate S A Makroo prayed for dismissal of the election petition on the ground that the same has become infructuous with the afflux of time and changed circumstances, i.e. abrogation of Article 370 and creation of Jammu and Kashmir as Union Territory besides Ladakh. Alam’s counsel Mir Syed Lateef admitted the same, a bench of Justice Sindhu Sharma recorded in an order while dismissing the plea, as per local news agency GNS.

“In view of the above, this petition has been rendered infructuous as the Jammu and Kashmir Legislative Assembly stands dissolved and is, accordingly, dismissed,” the court said.

Meanwhile, the court also dismissed former PDP leader Anayat Ali’s plea, challenging Karbalai’s election in 2014 to Legislative Assembly from Kargil Constituency (No. 49).

“With the dissolution of Jammu and Kashmir Legislative Assembly, the relief claimed by the petitioner (Anayat Ali) cannot be granted, assuming that the issue of office of profit is decided either way that will not help the petitioner, so there is no need to decide the issue,” the court said, adding, “This petition has thus been rendered infructuous and is, accordingly, dismissed.” Anayat Ali left PDP since and last year joined BJP.

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