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HC issues notice to J&K Govt over LAHDC issue 4/26/2014 11:31:00 PM Early Times Report SRINAGAR, Apr 26: High Court has issued two weeks' notice to Government on petition filed by some Congress councillors; seeking directions to declare SRO-394 invalid and order its removal from the statute book. Hearing a petition by the Congress's Mohammad Ismail and others, a single bench of the court comprising Justice B L Bhat also directed that 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 petitioners are elected members of Ladakh Autonomous Hill Development Council, Kargil. In terms of SRO 383 dated 02.09.2013, were administered the oath of office on 16.06.2013. By the medium of writ petition they have prayed for a direction in the nature of mandamus for declaring the SRO-394 of 2004 dated 16 12.2004 as invalid and direct its removal from the statute book They said that as per minutes of the meeting held on 16.07.2013 under the Chairmanship of Chief Minister regarding various issues relating to LAHDC, the decisions taken. Inter alia, include stripping the nominated Councilors of voting rights for electing or removal of the Chairman or Chief Executive Councilor. The petitioners said that the Government has shown slackness in implementation of the decision taken in the meeting held in July last year. Petitioners said that they and other councillors have repeatedly requested the Government to implement the decision dated by moving a necessary proposal for scrapping the SRO 394 of 2004 but as on date no positive steps have been taken in that behalf. They further said that the Government is bound by its own decisions bringing to an end to "invalid SRO 394 of 2004 which is contrary to statute, because the said SRO has not been given any effect till date and had been issued beyond the rule making power of the Government." "If it is allowed to operate, elected members will be deprived of their democratic rights which shall have far reaching consequences leading to destroying concept of local governance in a democratic set up," they said.   Share This News with Your Friends on Social Network     Comment on this Story

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