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news details
Tribunal stays CEC judgment of disqualifying four councillors
10/14/2019 10:31:31 PM

Early Times Report

Jammu, Oct 14: In an appeal filed by Naresh Kumar, Ajay Kumar, Rekha Devi and Renu Bala Corporators of Kathua who were disqualified by the Chief Electoral Officer J&K, Puneet Gupta Member J&K Special Tribunal Jammu after hearing Adv Abhinav Sharma for the appellants whereas Sr, Adv BS Salathia with Adv Anwar Chowdary for the respondents, stayed the order of Chief Electoral Officer J&K.
In the appeal it has been submitted that the appellants elected as Members of Municipal Council, Kathua and notified as such vide dated 22.10.2018 have been disqualified under Section 18 of Jammu and Kashmir Municipal Act, 2000 (herein after called the Act) vide order dated 07.6.2019, passed by the Chief Electoral Officer The appellants have been disqualified on the ground that the appellants have given up the membership of their original political party, formed a group and joined another party and the group so formed merged with the other party which was not as per section 18-B of the Act and whip issued by the party for electing the President of the Council was not honoured by the appellants.
The appellants were elected as members of Municipal Council, Kathua representing 'Indian National Congress' (INC) and thereafter formed a group and stated to have joined another political party, namely Bhartiya Janata Party (BJP).
Special Tribunal after hearing both the sides in length observed that Tribunal is of the view that the issues have cropped up in the appeal which require elaborate consideration from the Tribunal. It is not in dispute that the appellants had been duly elected to the Council as its members.
In fact, the appellants basic election as members of the Council is not under challenge.
The election to the posts of President and Vice-President subsequent to the election to the Council has brought the disqualification of the appellants into picture.
As the points raised in the appeal require consideration, factual aspects are also required to be thrashed and that the appellants were duly elected as members to the Council and this fact is not in dispute, appellants have made out a case in their favour in the application in hand.
It is, not urged on behalf of the respondents in the application in hand that the order impugned cannot be Interfered with if the case is otherwise made out in the application for interim relief. In view of the above, the order impugned in the appeal is stayed till disposal of the main appeal.
However, the appellants shall not be entitled to monetary benefits, if any, as members of the Council as the same shall be subject to outcome of the appeal. It is made clear that any observation in the order is confined to the disposal of the present application. (JNF)
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