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Ghulam Mustafa Mir And Others v. State Of Jammu And Kashmir And Others

Ghulam Mustafa Mir And Others v. State Of Jammu And Kashmir And Others

(High Court Of Jammu And Kashmir)

LPAOW No. 12 of 2019 and IA No. 1 of 2019 and Caveat No. 357 of 2019 | 25-03-2019

1. The present LPA has been preferred against an interim order dated 20.02.2019 passed by the learned Single Judge whereby the impugned order dated 18.02.2019 has been stayed.

2. Learned counsel for the appellants states that the learned Single Judge in passing the order impugned has, in fact, ignored its earlier order dated 11.02.2019 where a direction had been given to the official respondents to ensure that the Municipal Committee, Magam, is headed by a duly elected president who enjoys the confidence of the majority.

3. On perusal of the order impugned passed by the learned Single Judge, it appears that the Writ Court had noticed the earlier order dated 11.02.2019 and held that the earlier direction was only to consider the representation of the petitioners and to take a final decision in accordance with the Jammu and Kashmir Municipal Act, 2000. It has also been stated that the provisions of Municipal Act including Section 25(4) thereof had to be taken into consideration by the authorities which prohibits No Confidence Motion being moved within one year from the date of the election to such office, in this case, the vice President of Municipal Committee.

4. Admittedly, the No Confidence Motion was initiated at the behest of the appellants herein within one year which falls within the prohibition clause of Section 25(4).

5. Having gone through the order, we feel that the order passed by the learned Single Judge deserves no interference, notwithstanding the fact that the present appeal has been preferred against the interim order.

5. The appeal, as such, is dismissed. It shall be open to the appellants to file objections to the writ petition and raise all possible objections.

Caveat discharged.

Advocate List
  • For Petitioner : Mr. Sheikh Manzoor, Advocate, for the Appellant; Mr. Muhammad Rais-ud-din, GA for 1-6 Mr. S. R. Hussain, Adv. for Caveator, for the Respondent
Bench
  • HON'BLE JUSTICE DHIRAJ SINGH THAKUR
  • HON'BLE JUSTICE TASHI RABSTAN, JJ.
Eq Citations
  • LQ/JKHC/2019/261
Head Note

Municipalities — Jammu and Kashmir Municipal Act, 2000 (18 of 2000) — S. 25(4) — No Confidence Motion — Prohibition of, within one year from date of election to such office — Applicability of — No Confidence Motion initiated within one year — Held, no interference called for (Paras 3 to 5)