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| HC upholds CEO’s decision, tribunal order dismissing appeal | | Disqualification of members of Doda Municipality | | Early Times Reporter
Jammu | June 2
Justice YP Nargotra of J&K High Court Jammu Wing has upheld the decision of Chief Electoral Officer whereby the petitioners have been disqualified and also the order of Special Tribunal whereby the appeal against the said order has been dismissed.
The facts of the case state that out of 13 seats of councilors in Municipal Committee Doda, 8 candidates of National Conference, 4 Candidates of Congress and one impendent candidate were elected. Both the petitioners were elected on the mandate of National Conference. Municipal Councilors elected respondent No 4 as President of Municipal Committee Doda by majority vote on August 28, 2006. Later on "No Confidence" motion was moved against the President who had also been elected on the mandate of National Conference. When the motion came up for consideration before the house, it was passed resulting into the ouster of President. For electing a new President meeting was convened on August 29, 2006 and it was resolved that new notification should be issued for inviting nominations for Presidentship of the Municipal Committee. Accordingly Executive Officer MC Doda issued notification on august 28, 2006.
For the said election the petitioner Asif Jehan Gattu filed his nomination paper after having been proposed by another Municipal Councilor elected on the mandate of National Conference whereas Zaffar Ullah Rather was the candidate sponsored by National Conference. On August 21, 2006 Sheikh Nazir Ahmed General Secreatry of National Conference issued whip in which as directed by the President J&K National Conference, Asif Jehan Gattu Municipal Councilor Ward No 8 Municipal Committee Doda is directed to vote for party candidate Mr. Zaffar Ullah Rather of ward No 13 for the post President Municipal Committee Doda. "You also directed that you will not vote against party candidate in any no confidence motion, the same will be treated as you having defected". Similar whip was issued to petitioner No 2. On September 5, 2006 the elections were held and Asif Jehan Gattu was declared to have been elected as President Municipal Committee Doda for having secures 7 votes out of 13. NC filed a reference petition before the Chief Electoral Officer J&K in terms of section 18-A (1) (B) of J&K Municipal Act for declaring the Asif Jehan Gattu and petitioner No 2 who had proposed his name disqualified. CEO vide his order November 28, 2006 disqualified the petitioners, the petitioners challenged this order before J&K Special Tribunal which too has been dismissed vide order April 18, 2007.
Justice YP Nargotra in approved for reporting judgment after hearing Adv KS Johal appearing for the petitioners, Adv Sunil Sethi appearing for the respondents and AAG Seema Shekhar appearing for the State observed that section 18-A refers to elected members of the Municipality belonging to political parties. They being the representative of their respective political parties on whose mandate they have been elected, are bound to follow philosophy, policy and direction of that party. If one is not in agreement with the direction of his own political party, it is always open to him to leave that party and re-contest the election, after vacating the seat. So long as he is member of a political party, he cannot be allowed to defy the direction of his political party. With a view to defection and indiscipline of elected members of the political parties while boating in internal elections of municipalities, section 18-A has been enacted. The petitioners have abused their position while being members of their political party and have violated the direction. The petitioner Asif Jehan Gattu was directed to vote in favour of respondent No 4 by his own political party and instead he himself put up his candidature against respondent No 4 on being proposed by petitioner No 2 who stood also directed to vote for respondent No 4. Such conduct of petitioners was in clear violation of whip/direction issued. JNF |
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