TASSADIQ HUSSAIN versus MOHD. RASHID QURESHI AND ORS.

TASSADIQ HUSSAIN versus MOHD. RASHID QURESHI AND ORS.

The expression "a resident of Poonch District" in the proviso to sub-Section (3) of Section 50 of the Constitution of Jammu and Kashmir does not include a resident of Rajouri; it must be interpreted in its natural, ordinary sense, and a resident of Rajouri cannot be deemed a resident of Poonch District for the purpose of contesting the reserved seat.

Parties
Appellant: Tassadiq Hussain; Respondent: Mohd. Rashid Qureshi; Respondents: Mohd. Rashid Qureshi and Ors.
Jurisdiction
India
Judgment Date
23 November 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Statutes, Eligibility to Contest Election, Reservation of Seats
Constitutional Law Election Law Interpretation of Statutes Eligibility to Contest Election Reservation of Seats

Case Brief

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Parties

Tassadiq Hussain

Appellant

Mohd. Rashid Qureshi

Respondent

Mohd. Rashid Qureshi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the expression "a resident of Poonch District" in proviso to sub-Section (3) of Section 50 of the Constitution of Jammu and Kashmir includes a resident of Rajouri.
  2. 2 Whether the seat reserved for a resident of Poonch District can be contested by a resident of Rajouri.

Ratio Decidendi

The expression "a resident of Poonch District" in the proviso to sub-Section (3) of Section 50 of the Constitution of Jammu and Kashmir does not include a resident of Rajouri; it must be interpreted in its natural, ordinary sense, and a resident of Rajouri cannot be deemed a resident of Poonch District for the purpose of contesting the reserved seat.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed; no order as to costs.