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news details
High Court stays no confidence motion against MC Kishtwar president
2/16/2021 12:32:27 AM
ASIF IQBAL NAIK
Early Times Report
JAMMU, Feb 15: In a much hyped No Confidence Motion wherein PC, BJP, Apni Party along with NC rebels made an attempt to remove President MC Kishtwar through a resolution could not materialize following the intervention of the Jammu and Kashmir High Court.
As per the details available with Early Times, Justice Javed Iqbal Wani in a writ petition filled by Raiz Ahmed Zargar, President MC Kishtwar seeking stay on proceedings of No Confidence Motion moved against him without fulfilling the required criteria.
The court in its order dated 12-2-2021 stayed the proceedings till the outcome of the writ petition and listed the case for 15-3-2021 for next date of hearing."Meanwhile subject to objection, proceedings and any decision taken pursuant to the impugned meeting notice dated 10-2-2021 shall remain subject to the outcome of the writ petition" reads Court order dismissing the caveat filled by one of the respondent.
The counsel of the petitioner also served a legal notice to Executive Officer Municipal Council Kishtwar asking him to adhere rule 26 of J&K Municipal Act, 2000 under which the government is bound to appoint an officer to conduct an inquiry into any misconduct by the incumbent President or Vice of any MC.
Speaking over the issue, Ward Member Shahid Hussain Kripak said that the resolution is not within the ambit of the law and hence cannot be taken added that their are many loopholes in the notice issued by EO MC Kishtwar.
During the meeting Shahid Kripak also informed the meeting that Early Times in its edition dated 5-2-2021 carried the news with regard to so called resolution referred as "No Confidence Motion" by the EO in its notice dated 10-2-2021 along with the photograph of six member handing over the same to EO MC Kishtwar in his office chamber- However in so called notice issued by EO dated 10-2-2021, it was stated by him (EO) that he received it on 5-2-2021 which is contrary to the fact.
Kripak also rebuffed the claims of some members that they were not taken on board by the President added that the record shows that members attended majority of the meetings conveyed by the President from time to time.
He also denounced all the allegations levelled by some members in so called No Confidence Motion.
Vice President MC Kishtwar who was also presiding officer of today's meeting also turned down the allegations levelled against President and found the resolution devoid of facts as well as not in line to be treated as No Confidence motion.
Speaking to Early Times, Raiz Ahmad Zargar said that the matter is in High Court added that he is hopeful that he will win it in the court. He said that today's meeting is a simple meeting which was attended by all the ward members and we discussed various developmental activities that were carried in Kishtwar since the existence of present committee added that today's meeting as per court order has no relevance and he continue to be the President MC Kishtwar till the court decide the matter.
Sajjad Ahmed Najjar after the meeting told the reporters that the President has no moral right to continue after today's meeting since 8 members had supported his resolution to get him removed from the post of Presidentship.
After the conclusion of the meeting, EO MC Kishtwar will submit his detail report to the High Court along with the minutes of meeting.
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