Abdul Ahad Malla vs Government Of Jammu And Kashmir And Ors

The petitioner, by medium of the instant petition, has assailed the validity of communication bearing No. MC/Spr/2113088-92 dated 18th of January, 2021, whereby the Chief Executive Officer, Municipal Council, Sopore/ respondent No.5 has requested the Director, Urban Local Bodies, Kashmir/ respondent No.2 to take necessary steps envisaged under rules for holding fresh elections for the seats of President and Vice President for Municipal Council, Sopore, at the earlier possible so that the functioning of the Council can go on smoothly. The petitioner, who claims to be the elected President of the Municipal Council Sopore, avers hat the aforesaid decision of the respondent No.5 is bad in law inasmuch as there was no resolution of 'No Confidence Motion' having been moved by the majority of the Councillors in the General Council, thereby disclosing their intention to remove the President, instead, the entire process, as stated, has been initiated and culminated on a resolution submitted by 12 Councillors, accepted by the President in a meeting held on 18th of January, 2021 for some different agenda.

When this matter was taken up for consideration on the very motion hearing, viz. 25th of March, 2021, Mr Mohammad Rais-ud-Din Ganai, the learned Government Advocate, while entering appearance on behalf of the respondents, was directed to produce the records justifying the holding of the meeting qua resolution for 'No Confidence Motion' on 18th of January, 2021 on the next date of hearing, i.e., today.

Today, when the matter came up for consideration, the learned Government Advocate has produced the relevant records as directed by this Court on the previous date of hearing.

Having gone through the record so produced by the respondents and after hearing the learned counsel for the parties, I am of the considered view that no fault can be attributed to the respondents in the process of taking steps for conducting elections for the vacant seats of President and Vice President for the Municipal Council Sopore. This is so because the records clearly bring it to the fore that the resolution for 'No Confidence' against the then President of the Municipal Council, Sopore, i.e., the petitioner herein, was signed by 12 Councillors of the Council expressing their 'No Confidence' in the then President, strictly in tune with the mandate of Rule 17, Chapter IV of the Jammu and Kashmir Municipality (Procedure for Conduct of Meetings) Bye-Laws, 2005 read with Section 25 of the Jammu and Kashmir Municipal Act, 2000. This has been done at a meeting of the Municipal Council, Sopore held on 18th of January, 2021.

Given the above position, the averments made by the petitioner in his petition, as reiterated by the learned counsel representing the petitioner before this Court, do not withstand the test of judicial scrutiny when considered in the light of the relevant records so produced by the respondents. Therefore, this Writ petition is liable to be dismissed and is hereby dismissed along with the connected CM(s). Interim directions, if any, subsisting as on date, shall stand vacated.

Records, as produced before this Court, be returned through the learned Government Advocate with due dispatch and against proper receipt.