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| High Court directs for holding meeting of Panchayat Block in Kishtwar on July 20 | | | Early Times Report
Jammu, July 18: The Jammu and Kashmir High Court bench of Justice Deeraj Thakur has upheld the proceedings initiated by the Panchayat Secretary, Panchayat Halqa Poochal A 2 of Block Kishtwar wherein the five Panch of the Panchayat moved a “No Confidence Motion” against the Sarpanch and directed for holding the meeting on 20-7-2020 to further proceed in accordance to the section 81 of Panchayat Raj Act. As per the details available with “Early Times”, the petitioner, who is a Sarpanch of Panchayat Halqa Poochal A 2, questioned the action of the official respondents attempting to remove her from the office of Sarpanch.
The High Court in its order observed that it appears from the records that the notice dated 28-05-2020 was received by the Secretary of the said Panchayat Halqa signed by as many as five Panches representing the majority regarding their intention to move a motion of ‘no confidence’ against the petitioner.
The High Court further observed that on a perusal of the notice reflecting intention to move a motion for no confidence dated 28-05-2020, the allegations like neglect of duty and gross misconduct are evident which were required to be proceeded with in accordance with the procedure prescribed under Section 7 of the Act read with Rule 81. It can be seen that the communication dated 28.05.2020 was signed by the majority of members of the Panchayat.
According to the stand of the official respondents, the said communication was also furnished to the petitioner in his capacity as Secretary of the Panchayat. The argument that any meeting convened beyond the period of 20 days would be non-est in the eyes of law and in violation of Rule 81, cannot be accepted in as much as the date of meeting was conveyed to the petitioner who however, not attended the same. The petitioner cannot be permitted to take advantage of her own omission by not present in herself for participation in the meeting on 10.06.2020. The next argument that the petitioner was not given an opportunity of being heard by the Secretary upon receipt of the communication dated 28.05.2020 is also without any legal basis.
The High Court directed the respondents to proceed to convene a meeting of the members of Panchayat on 20-07-2020 which was otherwise scheduled for 24-06-2020 so that the same is taken to its logical conclusion.
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