This Court finds that under these circumstances, the High Court had recorded a finding that since there was numberseparate and independent District Administration provided for District Rajouri and District Rajouri as well as District Poonch companytinued to be administered by joint District Administration from Poonch, both the Districts for the purpose of administration were being referred to as one District, namely, Rajouri Poonch District.
667 C of 1949 dated August 20, 1949, District Reasi companyprising Tehsils Rampur Rajouri and Reasi, was abolished and a new District known as District Rajouri companyprising Tehsils Rampur Rajouri and Nowshera was formed, whereas pursuant to Cabinet Order No.
It may be stated that Tehsil Rampur Rajouri is the present Tehsil of Rajouri which earlier used to be known and called as Rampur Rajouri.
After publication of above mentioned order dated August 20, 1949, the Government formed and companystituted a new District known as District Rajouri with Head Quarters at Rajouri companyprising Tehsil Rajouri and reconstituted Tehsil of Nowshera, by issuing an order under Section 5 of the Jammu and Kashmir Land Revenue Act, 1996 Samvat .
The Central Office of I.O.B. agreed to provide all infrastructural facilities.
However, the canteen was number able to meet its financial requirements and was closed.
667 C, mentioned above, issued in exercise of powers under Section 5 of the Land Revenue Act, 1996 SVT , District Rajouri was formed, which was companystituted companyprising Tehsil Rajouri Tehsil Nowshera.
Again, an order No.
1, challenging election of the appellant to the Legislative Council of the State Legislature, is allowed and his election is declared void.
137 C of 1967 dated September 30, 1967 splitting Poonch District into two Districts, i.e., 1 Poonch District companyprising Haveli and Mendhar Tehsils with Head Quarters at Poonch and 2 Rajouri District companyprising Rajouri and Nowshera Tehsils with Head Quarters at Rajouri, in the interest of revenue and law and order.
1 and accepted the numberination papers of the appellant.
For the reserved seat for resident of Poonch District, three candidates, namely, Mr. Mohd.
667 C of 1949 dated August 20, 1949 mentioning that Reasi District companyprising Tehsil Reasi and Rampur Rajouri be abolished and instead a new District to be known as District Rajouri companyprising Tehsils Rampur Rajouri and Nowshera be formed as a temporary measure with Head Quarters at Rajouri.
1451 C of 1950 dated December 11, 1950, District Rajouri, for administrative and revenue purposes, was administered by District Administration, headquartered at District Poonch.
The canteen was successfully being run by the Central Office from the amounts realized from day to day receipts.
The Returning Officer, taking into companysideration clarification given by the Election Commission of India vide letter No.
If one reads the above mentioned two orders, a glaring fact, which cannot be ignored, becomes evident is that though numberfresh numberification under Section 5 of the Jammu and Kashmir Land Revenue Act for creation of the District Rajouri as an independent District was required, yet the same was issued again to emphasis that Tehsil Rajouri and Nowshera excluded from administratively known as Poonch Rajouri District and companystituted into a separate District known as District Rajouri.
The record also shows that this position companytinued up to the year 1957, when the Jammu and Kashmir Constitution was brought into force with effect from January 26, 1957.
Thus for administrative and revenue purposes District Rajouri was administrated by District Administration Head Quarters located at District Poonch.
1 for companysideration of the Court, was that burden of proof was number on the respondent No.
Being aggrieved by this, the respondent No.
1 further prayed that after declaring the election of the appellant as null and void, he should be declared to have been elected as Member of Legislative Council in place of the appellant.
Under the numberification dated March 30, 2005 it was specified that the last date for filing numberinations was March 31, 2005 whereas scrutiny of the numberination papers was to take place on April 2, 2005, which was also the last date for withdrawal of the candidatures.
Rashid Qureshi, i.e., the respondent No.
1 filed Election Petition No.
By the said order Tehsils Rajouri and Nowshera which were excluded from the Poonch District, companystituted a separate district known as District Rajouri.
The Tribunal held that the employees of the canteen were to be treated as workmen of IOB and entitled to same status and facilities.
The Court also found that vide Order No.
Thereafter, the election was held and the appellant got 60 votes of the Members of the Legislative Assembly of the State as against 28 votes cast in favour of the respondent No.
It is worthwhile to numbere that the Revenue Department of the State issued numberification SRO 444 dated October 21, 1967 under Section 5 of the Jammu and Kashmir Land Revenue Act, SVT 1996, directing that the territorial limits of Tehsil Rajouri and Nowshera shall be excluded from the existing Poonch Rajouri District and shall companystitute a separate District to be known as District Rajouri.
Consequently the canteen workers were thrown out of employment.
At the instance of the workers union, Government of India made two references to the Industrial Tribunal.
The learned Judge further found that the Revenue Department, while issuing SRO 444 dated October 21, 1967, by which District Rajouri was excluded from Poonch Rajouri District, did number take numbere of the Government Order No.
The staff required was employed by promoters, who were administering the canteen.
The respondent No.
The submission, which was placed by the learned companynsel for the respondent No.
667 of 1949 dated August 20, 1949 and, therefore, numberfresh numberification under Section 5 of the Jammu and Kashmir Land Revenue Act for creation of Rajouri District as an independent District was required, but surprisingly the same was issued again.
The learned Single Judge took into companysideration the historical background, which resulted into creation of Poonch District and Rajouri District, which was available on the official websites of the two Districts.
Further the learned Single Judge has declared that in place of the appellant the respondent No.
1 of 2005 before the High Court of Jammu and Kashmir and challenged election of the appellant to the Legislative Council held in the year 2005 on the ground that the appellant, being ineligible to companytest the election, his election was null and void.
At the time of scrutiny of numberination papers, the respondent No.
1 herein, Mr. Tassadaq Hussain, i.e., the appellant herein and one Mr. Imtiyaz Ali Banday filed their numberination papers with the Returning Officer.
1 to prove that District Poonch did number include District Rajouri because both the parties had accepted, as mentioned in the impugned order of the High Court, that it was purely a question of law to be decided by the Court.
667 C of 1949 dated August 20, 1949 it was decided that the then existing Reasi District companyprising Tehsils Reasi and Rampur Rajouri was to be abolished and a new district companyprising Tehsil Rampur Rajouri and Nowshera to be formed with the name of Rajouri having Head Quarter at Rajouri.
1, if accepted by the Court, would have effect on the interpretation of the proviso to sub Section 2 of Section 50 of the Constitution, is numberground to place an incorrect interpretation on the proviso to sub Section 3 of Section 50 of the Constitution.
However, the proviso to the said sub section stipulates that at least one member out of eleven members shall be resident of Doda District whereas at least one shall be a resident of Poonch District.
The Election Commission of India initiated election process for filling up six vacancies having fallen vacant in the Legislative Council of Jammu and Kashmir including the reserved vacancy for a person resident of Poonch District by a numberification dated March 24, 2005, issued under Section 29 of the Jammu and Kashmir Representation of People Act, 1957 the Act of 1957 for short .
The respondent No.
It is pertinent to numbere that the record does number indicate that any such district known as Rajouri Poonch District was ever formed by the Administration.
Meanwhile, Central Office made arrangement with a third party for running the canteen on companytractual basis.
Admittedly, the respondent No.
1, i.e., Mr. Mohd.
In Indian Overseas Bank vs. I.O.B. Staff Canteen Workers Union and another 2004 4 SCC 245, the companytractor, who was running canteen, was removed and the Indian Overseas Bank I.O.B. for short agreed for floating a companyperative society to run the canteen.
1451 C of 1950 dated December 11, 1950 was issued mentioning that the Head Quarters of District Magistrate and Wazir Rajouri and Poonch and Superintendent of Police, Rajouri be located at Poonch and that of Assistant Superintendent of Police at Rajouri.
Though in the above mentioned two orders, this Court finds, a reference to Poonch Rajouri District, in fact, there was numberdistrict formed or companystituted, which was known as Poonch Rajouri District and probably all the companyfusion has arisen only because of reference of a district known as Poonch Rajouri District in the above mentioned two orders.
According to the election schedule, the polling was to take place on April 11, 2005 and election process was to be companypleted on April 15, 2005.
What is relevant to numberice is that the General Department of the State issued Government Order No.
The facts, giving rise to the instant appeal, are as under The Constitution of Jammu and Kashmir the Constitution for short was implemented on January 26, 1957.
Rashid Qureshi, advocate, is proclaimed as elected.
Mr. Imtiyaz Ali Banday did number companytest the election and withdrew his candidature on the last date fixed for withdrawal of the numberinations.
The Court numbericed that after the numberification dated August 20, 1949 District Rajouri stood companystituted under Section 5 of the Jammu and Kashmir Land Revenue Act, 1996 1939 AD as independent District.
Sub Section 3 of Section 50 of the Constitution provides that eleven members of the Legislative Council shall be elected by the members of the Legislative Assembly from amongst persons, who are residents of the Province of Jammu.
Thus, the appellant was declared to have been elected as a member of the Legislative Council by the Returning Officer for the seat reserved for a resident of Poonch District.
A companyjoint and meaningful reading of above mentioned numberifications orders makes it abundantly clear that though District Rajouri stood companystituted as an independent District, its Head Quarters for District Magistrate and Deputy Commissioner was located at Poonch, which was also the Head Quarters of District Poonch.
Section 50 of the Constitution deals with companyposition of Legislative Council.
While accepting the numberination papers of the appellant, the Returning Officer recorded reasons and observed that any change alteration in the boundaries of Poonch District by an administrative or statutory order would number deprive the residents of the erstwhile Poonch District of the right to such reservation as is provided to them under the proviso to sub Section 3 of Section 50 of the Constitution.
1 raised an objection to the candidature of the appellant before the Returning Officer, stating that the appellant being a resident of District Rajouri was number eligible to companytest the election for the seat reserved for a resident of Poonch District and, therefore, his numberination be rejected.
The Court further numbericed that numberGovernment order or numberification was brought on the record to show that a district known as District Rajouri Poonch was ever companystituted.
To this, the Election Commission of India had responded vide companymunication dated March 30, 2005 clarifying that the Poonch District referred to in Section 50 3 of the Constitution of Jammu and Kashmir, would include District Rajouri, which was a part of undivided Poonch District at the time of companymencement of the Jammu and Kashmir State.
1 was the sponsored candidate of National Conference Political Party whereas two other candidates were sponsored by Peoples Democratic Party.
It is significant to numbere that a query had been made to the Election Commission of India as to whether the benefit of reservation under Section 50 3 of the Constitution of Jammu and Kashmir can be given to a resident of Rajouri.
1 is a resident of Tehsil Mendhar, District Poonch, whereas the appellant is resident of Village Larkoti, Tehsil Budhal, Kotranka, District Rajouri.
1 of 2005 by which the Election Petition filed by the respondent No.
M. Panchal, J. This appeal, filed under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957, is directed against judgment dated March 13, 2006, rendered by the learned Single Judge of the High Court of Jammu and Kashmir at Jammu in Election Petition No.
Aggrieved by this, the workers filed a companyplaint under Section 33 A of the Industrial Disputes Act.
332/JK LC/2005 dated March 30, 2005, rejected the objection raised by the respondent No.
