EARLY TIMES REPORT
JAMMU, Mar 9: Additional District judge Jammu, Tahir Khurshid Raina, while hearing an appeal against the order of Sub Judge/ CJM Jammu, dismissed the appeal filed by Chairman Block Development Council (BDC) RS Pura Tarsame kumar and held that the notice of the Secretary BDC, convening special meet of Sarpanchs for moving no confidence motion by Sarpanchs of Panchayat RS Pura against chairman survives on the touchstone of law.
Earlier, Chairman filed suit against the said notice dated 5th of January 2021, to be declared as non est, in the court of Sub Judge/ CJM Jammu, seeking interim relief of staying the proposed meet of Sarpanchs on 30 -1 - 2021 , called by the secretary block development Council RS pura, pursuant to the notice of Sarpanchs for convening the said meet. The trial court dismissed the application of the chairman. Against this order of the trial Court dtd 6- 2 - 2021, an appeal was preferred in the court of Additional District Judge, Jammu.
The said court upheld the order of trial court by observing that it sustains on the touchstone of law.
The court after rendering meticulous observation on the provisions of the Panchayati raj Act and rules held that “it’s a pure democratic process which entails full debate and discussion on the issue and thereafter only, on the basis of majority number the fate of the motion against chairman gets decided. This is the essence of democracy which has to be acknowledged and not to be thwarted at its infancy.”
Court further observed that right from trial court to this court, Plaintiff stand is replete with contradictions which reflects his utter confusion about the subject.
With these observations Addl Distt Judge Jammu dismissed the appeal filed by the chairman BDC RS Pura and upheld the order of Sub Judge/ CJM Jammu which has now paved way for convening the special meet by the Secretary BDC with regard to proposed no confidence motion against the Chairman. (JNF) |
