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| After HC order, election for president MC Kishtwar postponed | | PC, BJP, PDP, AP joint candidate made to eat humble pie | | ASIF IQBAL NAIK
Early Times Report
JAMMU, Mar 20: Election for the post of president Municipal Council Kishtwar was postponed on Saturday following the High Court order binding the government to consider only those candidates who don't suffer from any disqualification.
The High Court directed the respondents Commissioner Secretary Housing & Urban Development Department, Director Urban Local Bodies Jammu, Deputy Commissioner Kishtwar & Executive Officer MC Kishtwar to ensure that candidate who did not owe any disqualification in terms of section 16 of the J&K Municipal Act 2000, shall not be elected as president MC Kishtwar.
As per the details available with Early Times the Jammu and Kashmir High Court issued an order after hearing a writ petition filed by Shahid Parvez Kripak son of Bashir Ahmed Kripak of Ward No.8 MC Kishtwar wherein the nomination of Sajjad Ahmed Najjar joint candidate of BJP, PC, PDP and Apni Party for the post of President Municipal Council Kishtwar had been challenged. The elections were scheduled to be held today.
The J&K High Court directed the government to consider only those candidates who don't suffer from any disqualification.
It was also learnt that there are allegations of disqualification against Najjar in terms of section 16 of the Municipal act 2000 on account of which petitioner alleged that he (Sajjad Ahmed Najjar) cannot participate in the election for the post of President MC Kishtwar.
After the order was passed by Justice Sanjeev Kumar Shukhla, the counsel of the petitioner served the notice to all the respondents.
After receiving the court orders and directions from the Deputy Commissioner Kishtwar, EO MC Kishtwar order for deferment of elections and cancelled today's schedule meeting at 11 am at new DC Office complex Kishtwar.
EO MC Kishtwar issued the order for deferment of elections vide his order No. MC/K/20-21/1930-38 Dated 20-3-2021 on the grounds for further discussion with the senior officials before taking any final decision with regard to the elections.
"Keeping in view of order issued by the High Court in WP (C) no. 557/2021 CM no.2591/2021, Titled Shahid Pervez Kripak V/S UT of J&K and others, the scheduled date for the conduct of election to the post of president Municipal Council Kishtwar is hereby postponed. The next date shall be communicated separately in accordance to the orders of the High Court and in consultation with the Higher Authorities" reads the order issued by EO Kishtwar.
The counsel for the petitioner Advocate Nazim Qazi told the Early Times that the law is clear and the member who owes any disqualification in terms of section 16 of the J&K Municipal Act 2000, shall not be elected as president MC Kishtwar. He added that the private respondent no. 5 falls within the aforesaid category and hence cannot be elected for the post of President Municipal Council Kishtwar in which the High Court also issued clear directions to the senior government officials at the helm of the affairs.
Qazi conveyed that court has already taken cognizance in the light of the facts & allegations & hope justice will prevail.
The petitioner Shahid Pervez Kripak termed the deferment of today's election as violation of Court order added that EO MC Kishtwar instead of disqualifying the candidate had deferred the elections.
He said that as per set procedure, EO MC Kishtwar after disqualifying the private respondent i.e. Sajjad Ahmed Najjar, had to declare him elected for the post of President MC Kishtwar unopposed. He said that in case the EO did not issue the order declaring him the elected as unopposed, he will again approach the High Court for initiating contempt proceedings against the respondents.
"Court order is the victory of democracy. It has saved the falling of democratic institution like office of the President MC Kishtwar into wrong hands," said Kripak. |
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