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| Tribunal upholds disqualification of Kathua Municipal Council Prez, others | | | Early Times Report
Jammu, Mar 31: Judicial Member Rajeev Gupta of Special Tribunal Jammu today upheld the order of Chief Electoral Officer disqualifying four BJP councillors who had won elections on the Congress mandate including president of the Municipal council (MC), Kathua, Naresh Kumar.
The Judicial Member Special Tribunal, observed that the finding of Chief Electoral Officer, J&K, on the second aspect of defiance of ‘Whip’, are also based on factual and legal aspects properly appreciated by the authority below. While returning finding on this aspect, the Chief Electoral Officer, J&K, has relied upon the case law handed down by the High Court of J&K in “Asif Jehan Gattu and Anr. vs Executive Officer, Doda Municipal Corporation” (supra). Chief Electoral Officer, J&K, in its decision has observed that the circumstances presented by the appellants were sufficient to presume that they had the sufficient knowledge of issuance of ‘Whip’ by the Indian National Congress for supporting an independent candidate for the post of president, which they had violated and, on the contrary appellants No. 1 and 3 had put up themselves as candidates for the posts of President and Vice President, and had been elected there for. The finding is not perverse on any count, rather the finding is one of the probable views which could be taken on the basis of available merits of the case. Since, the probable view has been taken, it cannot be disturbed even if, equally other possible views can be taken by this Tribunal The finding of Chief Electoral Officer, J&K, on that count is also upheld. It has been the contention of the appellants that their disqualification arrived at in the decision of Chief Electoral Officer, J&K, based on the provisions under sections 18-A and 18-B of the Municipal Act, is inappropriate for the reason that appellants No. 1 and 3 had already become President and Vice President of MC, Kathua. This argument in the first blush appears to be attractive but on analysis of sections 25 and 26 referred to by the appellants to support their contention, appears to be quite farfetched. It is to be kept in mind that the petition was put up by the respondents no. 2 to 4 for disqualification of the appellants from the membership of MC, Kathua and it did not relate to their disqualification as President and Vice President of MC, Kathua. The provisions for disqualification of President and Vice President, concerning Sections 25 and 26 of the Municipal Act are altogether different provisions. By becoming President and Vice President, the appellants did not cease to be the members of MC, Kathua. Rather having been members of MC, Kathua, the appellants had earned qualification to become President and Vice President of MC, Kathua. Their qualification basically to be members could very well be challenged by having to resort to the provisions under sections 18-A and 18-B of the Municipal Act, and in case of their disqualification as members, disqualification to be President and Vice President would be the natural consequence. The argument put forth in this regard, on behalf of the appellants is misplaced and is rejected. For the same reasons, another contention raised by the appellants that the appellants No. 1 and 3 had already become President and Vice President and they could not be disqualified by taking resorts to section 18-A and 18-B of the Municipal Act is rejected. Becoming President and Vice President of MC, Kathua would not make them immune from challenge to their being members of MC, Kathua. Their becoming President and Vice-President of MC, Kathua is hardly of any consequence in so far as a challenge against their becoming members of MC, Kathua.
The Tribunal further observed that another question has been raised by the appellants that the application for disqualification jointly moved by respondents no. 2 to 4 on 08-11-2018, was incompetent in as much as the respondent No. 2 belonged to the Indian National Congress and respondents No. 3 and 4 had been elected as independent members. This contention raised by the appellants is not founded on any legal ground and is found to be quite irrelevant. Bare reading of provisions under section 18-B and 18-A of the Municipal Act pertaining to disqualification of members, suggests that it is nowhere provided that a petition in this regard has to be filed by any specified person. Any person may in the appropriate circumstances make a motion before the statutory authority appointed in this behalf, seeking disqualification of any member, on the statutory grounds stipulated in the aforesaid provisions.
The counsel for the appellant has not been able to show any provision of law or any judicial pronouncement to support the contention that a petition for disqualification jointly filed by members belonging to the political party and independent members suffers from any disability. Therefore, the contention raised by the appellants on that count is rejected.
With these observations Tribunal is convinced that the decision rendered by the Chief Electoral Officer, J&K, which is impugned in the instant statutory appeal is perfectly in harmony with the factual and legal aspects covered in the case, and there being absolutely no perversity or illegality committed by the authority below any rendering the decision, appeal deserves no merit and is, therefore, dismissed.
The question regarding entitlement of the appellants to the monetary benefits arising on becoming members of MC, Kathua and effect of the disqualification on such claim of the appellant, is left open to be decided by the Chief Electoral Officer, J&K, for the reason that no such decision had been taken by it in that regard and it was not an issue involved in the appeal. JNF |
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