Excelsior Correspondent
Srinagar, Sept 23: High Court quashed the order passed by Chairman Block Development Council, Kupwara asking an elected Sarpanch to show her majority in the Panchayat.
Sanjeev Kumar while setting aside the order left it open to the parties to move no confidence motion, if required against the petitioner (Sarpanch), in due compliance to Rule 81 of the Panchayat Raj Act, 1989.
The elected Sarpanch-Farida Begum of Panchayat Halqa Dard Harie challenged the order passed by the Chairman Block Development Council primarily on the ground that same is not in consonance with Section 7 of the J&K Panchayati Raj Act, 1989 read with Rule 81 of the Jammu and Kashmir Panchayati Rules, 1996.
It was contended by the Petitioner that acting contrary to the Rule 81, the Chairman Block Development Council Meelyal, is himself convening the meeting and asking the petitioner to show her majority, which course is not permissible.
Justice Kumar recorded that under Rule 81, Chairman Block Development Council concerned, is only authorized to preside over no confidence motion, read out the motion, carry on the debate and conduct the voting in such a meeting. He is also empowered to declare the result of the motion.
“He, however, is not entitled to convene a meeting which function has been assigned by Rule 81 of the Jammu and Kashmir Panchayati Rules, 1996 to the Secretary of the Panchayat, provided he receives a written notice of intention to move no confidence motion signed by not less than 1/3rd of the total members of Panchayat and presented to him in person by at least 2 of them,” Court said.
It was further noted that the meeting is to be convened by the Secretary for conducting no confidence motion not earlier than 10 days and not later than 20 days after receipt of notice of motion.
The Court pointed that the apprehension of the petitioner that the respondents may proceed to conduct no confidence motion against her without following Rule 81, is without any basis and accordingly this petition is allowed.
“Impugned order dated 8th September, 2021 passed by the Chairman Block Development Council Meelyal, is quashed, leaving it open to the parties concerned to move no confidence motion, if required against the petitioner, in due compliance to Rule 81, as discussed above,” court directed.
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