Early Times Report
JAMMU, June 3: The court of City Judge, Jammu, has temporarily restrained defendants from holding elections to Kashmiri Pandit Sabha, Jammu.
The court directive came in a petition filed by two plaintiffs - Pintoo ji of Jagti, Nagrota, and Ramesh Kumar Bhat of Shardha Colony, Patoli Brahmana.
The judge observed: "From the material made available on record, in the considered opinion of the court at this stage, the plaintiffs have been able to make out a strong prima facie case in their favour and balance of convenience also tilts in their favour and in case interim injunction as prayed for, is not granted at this stage, in that eventuality, they are likely to suffered irreparable loss and injury which cannot be compensated later on. Keeping in view the emergent nature of the matter in hand, prior notice as envisaged is dispensed with."
Accordingly, issue notice to non-applicants and in the meanwhile till next date of hearing subject to objection of other side, the non-applicant/defendant No 1 is temporarily restrained from conducting elections to Kashmiri Pandit Sabha, Jammu, in pursuance to election notification No 1 of 2022 issued by non-applicant No 1, the judge ordered.
The judge, however, said that the non-applicants were at liberty to approach this court for modification/alteration of the order, if they had a better case than applicants.
"Non-applicants shall file a service affidavit within three days," he ordered.
The court fixed July 23, 2022, as next date of hearing.
Welcoming the court order, the applicants said it was a big relief to the Kashmir Pandit community residing in Jammu.
It was alleged that present incumbent K K Khosa had been illegally and unconstitutionally continuing in the office for the last four years as his term expired on Navreh, 2018 as per the KP Sabha Constitution.
The petition said: "The incumbent ceased to be president of KP Sabha from Navreh, 2018 as per the election notice issued by the Returning Officer published in newspapers on March 26, 2015 in which it was categorically mentioned that the election for president is to be held after three years, ie April, 2018, but contrary to this, he continued as president of KP Sabha along with old office bearers."
"By adopting unconstitutional, means and methods, a few insertions were made by him in the constitution to suit his continuation forever which is quite clear by his misdeeds of insertion wherein, he has extended his tenure from three years to five years, thereby illegal continuation from 2018 could have been regularized. Besides all members of the biradari who have voted in the year 2015 have been deleted from voter list being circulated by Returning Officer for the election. Even the biradari members who made substantive contribution in smooth and affective function of Sabha for nearly one decade as its executive members have been kept away from the present voters list. Further few members who have paid for life membership are missing in the voters list. The president was not constitutionally empowered to make life members which was violated by the present incumbent during 2019-20, 2020-21, as a hidden enrollment was conducted with the connivance with office bearers and their relatives," it was alleged.
"Furthermore, the May 4, 2022 notice issued by the returning officer was published the next day wherein two hours were given to biradari members for participation in the election of president. Also, polling time was kept from 9 pm to 4 pm which means that first time night polling was to be held in KPS. It is very much clear the returning officer couldn't issued a proper election notice because as per the rules three weeks time has to be given to the biradari interested members for participation in the election," it was stated. |
