Govt amends rules, defers election for Srinagar Mayor

Excelsior Correspondent
SRINAGAR, Sept 7: Government today amended the rules and deferred the elections to the post of Mayor of Srinagar for three more months.
The post of Mayor SMC fell vacant on June 16 and was to be filled up within a period of one month in terms of Section 36 of the Jammu and Kashmir Municipal Corporation Act, 2000. Today’s order was issued in the wake of COVID-19.
However, on July 15 the election was deferred till September 15 in terms of the amendment made by the Government in the rules, citing COVID-19 pandemic as a reason.
Then the Government inserted second proviso to sub-Section (2) of Section 36 of the Act amid a notification issued by District Magistrate Srinagar (Chairman, District Disaster Management Authority, Srinagar), prohibiting any inward/outward movement in Micro Containment Zones of Srinagar District.
Government designated 96 Zones of the Srinagar District as micro containment Zones for the management of COVID-19 and a large number of Councilors reside in these areas so the election was deferred.
The Commissioner informed that as a result of the prohibition of inward and outward movement of people in and out from these areas, the conduct of election to the post of Mayor which expires on September 15 was not possible.
Now the Government inserted third proviso to sub-Section (2) of Section 36 of J&K Municipal Corporation Act, 2000, notified vide SO 282 today which provides for extending of the time limit of conducting the elections up to a maximum of six months from the date the office of the Mayor or the Deputy Mayor falls vacant.
“Provided also that the Government may, if the circumstances so warrant, on account of reasons of security, public health including health pandemic, natural calamity such as floods, earthquake, snowstorm or an event of a similar or any other reason which is a hindrance to the conduct of election of the Mayor or the Deputy Mayor, by reasons to be recorded in writing, extend the time limit of conducting the elections up to a maximum of six months from the date the office of the Mayor or the Deputy Mayor falls vacant”, read the order.
“Now, therefore, in terms of the above proviso of Section 36 (2) of J&K Municipal Corporation Act, 2000, in supersession of Government Order No. 158-JK(HUD) of 2020 dated 15.7.2010 and in view of the difficulty in the conduct of the election to the post of Mayor, SMC due to health pandemic COVID-19 and management protocol related to it issued by District Magistrate, Srinagar (Chairman, District Disaster Management Authority Srinagar), the Government hereby extends the time limit for the conduct of said election to six months from the date the office of the Mayor fell vacant (June 16)”, read the order.

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