The Jammu and Kashmir High Court bench led by Justice Sanjeev Kumar directs the Commissioner Secretary Urban Local Bodies, the Director Urban Local Bodies, the Deputy Commissioner Kishtwar, and the Executive Officer Municipal Council Kishtwar to ensure that the candidate who does not owe any disqualification under Section 16 of the Jammu and Kashmir Municipal Act 2000 alone is elected as President Municipal Council Kishtwar.
According to Chenab Times, Mr. N.D. Qazi Advocate filed WP(C) bearing No.557/2021 titled Shahid Parvez Kripak V/S UT of J&K and others before the Hon’ble High Court seeking Quashment of the nomination of the private respondent No.5 (Sajad Ahmad Najar) and direction to the official respondents not to allow the private respondent to participate in the process of electing. Mr. N.D. Qazi Advocate filed the writ petition against respondent No.5 for contesting the election for the post of President of MC, Kishtwar on the grounds that he is ineligible under section 16 of the Jammu and Kashmir Municipal Act, 2000.
Mr. N.D. Qazi Advocate further argued before the Hon’ble High Court that respondent No.5 is involved in a series of FIRs and a history sheet has been opened against him and is also not of good repute, making him ineligible to run for President.
After hearing the arguments of the petitioner’s counsel, Mr. N.D. Qazi Advocate, the Hon’ble High Court directed the official respondents, among other things, that a person who owes disqualification under section 16 of the Municipal Committee Act, 2000 shall not contest the election for the post of President Municipal Council, Kishtwar.
The Hon’ble High Court also directed that no person be elected as President M.C. Kishtwar who is disqualified under Section 16 of the Municipal Act, 2000.
According to the court order, learned counsel for respondent No.5 submits that, despite the fact that there is no interim order prohibiting the holding of elections for the position of President of the Municipal Council of Kishtwar, the official respondents are not proceeding in the matter.
It has been brought to the attention of this Court that, pursuant to an interim directive dated March 19, 2021, the respondents 1 to 4 were directed to ensure that only the candidates who do not owe any disqualification under Section 16 of the J&K Municipal Act, 2000, are elected as President of the Municipal Council, Kishtwar.
Mr. Qazi, learned counsel for respondent No.5, submits that he does not owe any disqualification, which fact is strongly contested by learned counsel for the petitioner.
Given the nature of the controversy and the official respondents’ position that they are verifying the eligibility of respondent No.5, this petition is dismissed by directing that the official respondents/the competent authority proceed with the election of the President of the Municipal Council, Kishtwar, in accordance with the provisions of the J&K Municipal Act, 2000 and the.
“It shall be ensured that no one is elected as President of the Municipal Council, Kishtwar, who is disqualified under Section 16 of the J&K Municipal Act, 2000.” It is also stated that if the official respondents believe that respondent No.5 is ineligible to be elected as President under Section 16 (supra), a decision in this regard shall be made only after the respondent No.5 has been given an opportunity to be heard.” Read the Court’s decision.
The court also ordered that “the election process be completed within six weeks of the date a copy of this order is served upon respondent No.1 to 4.”
The ball is now in the District Administration’s court to ensure that the court order is followed in letter and spirit.
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Asif Iqbal Naik is a senior journalist and Senior Advisor at The Chenab Times
