Incomplete documents lead to rejection of Sarjan Barkati’s nomination

Barkati was a prominent face during the protest rallies in the South Kashmir districts after the killing of Burhan Wani in 2016.

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Onlykashmir.in News Desk
The Election Commission of India (ECI) has provided a detailed explanation for the rejection of Sarjan Ahmad Wagay’s, also known as Sarjan Barkati, nomination for the upcoming assembly elections in Jammu and Kashmir. Barkati, a cleric currently detained in Central Jail Srinagar, faced rejection primarily due to procedural failures in the submission of his nomination documents.

Barkati’s authorized representative filed his nomination papers on August 27, 2024, just minutes before the deadline at the office of the Returning Officer in Zainapora. Upon scrutiny, it was found that the nomination papers lacked a mandatory Oath Certificate, a legal requirement under Section 16 of the J&K Reorganization Act 2019. Since Barkati is under detention, the Oath Certificate needed to be signed by the Superintendent of Central Jail Srinagar and submitted by the date of scrutiny. The Returning Officer granted time until 11 am on August 28, 2024, to provide the missing document.

However, Barkati’s representative failed to produce the required certificate within the specified timeframe. Instead, an incomplete and invalid certificate was submitted via WhatsApp at 1:48 PM, which is not an acceptable mode of submission. The certificate also lacked the necessary verification from the Jail Superintendent confirming that the oath had been subscribed within the permissible time frame. As a result, the Returning Officer was compelled to reject the nomination due to non-compliance with these critical procedural requirements.

Sarjan Barkati rose to prominence during the 2016 protests in South Kashmir’s Shopian and Kulgam districts following the killing of militant commander Burhan Wani. Known for his distinctive style of sloganeering, he became a prominent figure during the protests that swept the region. Barkati has faced multiple legal challenges over the years, including his arrest in 2016 and subsequent re-arrest in 2023, which have kept him in the public eye.
The failure to adhere to mandatory procedural requirements, particularly the submission of a valid Oath Certificate, led to the disqualification of Sarjan Barkati’s nomination for the assembly elections scheduled on September 18, 2024.

Barkati’s daughter, Sugra Barkati, filed the nomination papers on behalf of her father on Monday.

Barkati was a prominent face during the protest rallies in the South Kashmir districts after the killing of Burhan Wani in 2016.

 

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