Srinagar: The High Court of Jammu & Kashmir and Ladakh has issued notices to Bharatiya Janata Party (BJP) leader Balwant Singh Mankotia and several others in a petition filed by a former minister and candidate of the J&K National Panthers Party (India) Harsh Dev Singh.
Singh has prayed that the results of Chenani Assembly election 2024 in Udhampur be declared null and void, accusing at least 19 respondents including the Chief Election Commissioner of India of widespread electoral law violations and misconduct during the poll process.
Mankotia, listed as Respondent Number 10 in the petition, won the Chenani seat by a margin of 15,611 votes. Singh argues in his over 200-page petition that Mankotia and his supporters compromised the election's fairness by participating in corrupt activities such as bribery, undue influence, and misuse of government machinery.
The petition alleges that Singh was the target of a vilification campaign orchestrated by Mankotia and his team, labelling him as “anti-national,” “pro-Pakistani,” and a supporter of terrorist organizations. Singh said in his plea that the accusations were disseminated to damage his reputation and hinder his chances of winning the election.
Singh has also submitted video evidence and social media posts to substantiate his claims of character assassination and communal polarization. He claimed that to change the political narrative in the constituency against him, Mankotia's campaign used hate speech and divisive techniques.
To influence voters, the petition also describes the alleged widespread distribution of cash, alcohol, and merchandise like T-shirts and sarees. Singh alleges that members of the BJP threatened his followers with sexual assault and bodily injury to their families.
According to his petition, government personnel reportedly helped the BJP candidate by allowing the transportation of illegal goods and publicly campaigning. Singh also contends that Mankotia's candidate affidavit should have been rejected by the Returning Officer due to significant inconsistencies, such as undeclared assets and liabilities.
During Thursday’s hearing, Justice Rajneesh Oswal observed that a prima facie case had been made out against the respondents. “The petitioner has challenged the election of respondent No. 10 (Mankotia) from Chenani Assembly Constituency in the General Assembly Elections of J&K held in October 2024 on the various grounds mentioned in the petition. The case for issuance of notice to the respondents is made out," Justice Oswal stated while adding, "Issues notices to all respondents, which include election officials, government employees, and Mankotia himself."
Senior Additional Advocate General Monika Kohli waived notice on behalf of the J&K government, the Chief Electoral Officer (CEO) J&K, the Chief Election Commissioner (CEC) of India, and the District Election Officer (DEO) of Udhampur, seeking time to file their responses. The court granted the four government respondents time to respond before the next hearing, scheduled for March 11, 2025. "Notices must be served to the remaining respondents within one week," the court directed.
