Excelsior Correspondent
Srinagar, Apr 26: The Jammu and Kashmir High Court today gave relief to the chairman of the Ladakh Autonomous Hill Development Council (LAHDC), Kargil by directing the State not to disturb the present position of the Council.
The court was responding to a writ petition filed by two members of LAHDC, Kargil – Mohammad Isamil and Zakir Hussain – of Indian National Congress who feared dislodgement of the chairman of the LAHDC, Kargil, chairman, Asgar Ali Karbalai. The court directed the State not to disturb the present status of petitioners till next date.
After hearing the arguments of counsel for petitioners Advocate G A Lone, Justice Bansi Lal Bhat issued notice to Chief Secretary of the State, Principal Secretary to Government LAHDC, Deputy Commissioner (CEO), Kargil, for filing their reply to the writ petition.
The court directed: “In the meantime, subject to objections of the other side, it is provided that present position of the petitioners shall be maintained till next date of hearing.”
The Bench also provided the liberty to respondents for alteration and modification of order and listing of matter before the fixing of next hearing.
Isamil and Hussain who are elected members of LAHDC Kargil submitted before the court that elections held for the chairman of the council was won by Asgar Ali Karbalai, as INC candidate, and has also support of five independent members.
They further submitted that vide SRO-386 dated:-4.9.2013 the Government has nominated four members to the council. “That since none of the political parties had secured majority, the attempt was made to provide voting rights to the nominated members in terms of SRO-394 of 2004 which is invalid piece of subordinate legislation liable to be struck down by the High Court and to remove from the statute book”, the petitioners submitted before the court.
The petitioners further submitted that the attempt was made by Government to elect the Chairman National Conference, but the attempt did not succeed as in a meeting (held on 16.7.2013) under the Chairmanship of Chief Minister regarding issues relating to LAHDC, certain decisions were taken including that the nominated councilors shall not be given voting rights for electing or removal of Chairman or Chief Executive Councilor.
“As on date attempts are again made to derail the smooth functioning of the council, the councilors of the NC to remove the chairman of the council by providing voting rights to the nominated members on the strength of SRO-394 of 2004”, they submitted before the court.
The petitioners further submitted that they along with other Councilors have repeatedly requested the Government to implement its decision (dated:-16.7.2013) by moving a necessary proposal of scrapping the SRO of 2004, but till date no positive steps have been taken.
It may be mentioned here that the NC members of LAHDC, Kargil, filed no-confidence motion against Karbalai, two months ago before the CEO.
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