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| HC declares councilor elected after 5 years | | | EARLY TIMES REPORT
Jammu, July-20 (JNF):- The High Court today declare a councilor elected after five years in a petition filed by Zaffar Ullah Rather. Justice JP Singh of Jammu & Kashmir High Court Jammu Wing today set-aside the order of authorized officer issued on February 10, 2006 whereby authorized officer had set-aside the petitioner’ as councilor Ward No 13 Municipal Committee Doda declaring his disqualified under the Municipal Act has allowed the petitioner’s petition and set-aside the order February 10, 2006 with the direction that petitioner is held entitled to his remuneration, sitting fee extra as admissible under rules.
Petitioner’s election as Councilor Ward No 13 Municipal Committee Doda was challenged Ghulam Nabi Shah Respondent No 2 before the Authorized officer who allowed the respondent’s 2 election petition in ex-parte and set-aside the election of the petitioner vide order dated February 10, 2006 which was challenged by the petitioner in the present petition.
The HC after hearing Advocates SD Sharma and MP Gupta for the petitioners whereas Sr. Adv KS Johal with Adv Deepshikha Gupta for respondents and referred the objections filed by respondent's counsel as to the maintainability petitioner's petition was concerned, Court do not find any merit in that, the authorized officer being himself the prescribed appellate authority, the petitioner had not forum available to him where he could exercise his right of appeal u/s 303 of Municipal Act and in this view of the matter the petitioner's writ petition cannot be held non-maintainable. Even otherwise the availability of alternative remedy may not always operate as Bar to the exercise of Extra-Ordinary Writ Jurisdiction if the court was otherwise satisfied that the facts and circumstances of the case warranted exercise of such jurisdiction, to advance the cause of justice.
Court further observed that without calling upon the respondent to lead evidence in support of his election petition, the authorized officer, chose to rely upon the reports of the revenue officers incoming to the conclusion that the petitioner was in un-authorized occupation of the state land and thus disqualified to contest election and that too without recording the statements of the revenue officers. Therefore, there being no legal evidence on records, justifying the finding that the petitioner was in un-authorized occupation of the state land. The authorized officer's finding that the petitioner was disqualified under the Municipal Act to seek election as Municipal Councilor cannot be sustained. The order passed by the officer on the election petition of respondent declaring the petitioner disqualified as councilor, without following the procedure prescribed u/s 289 of the Municipal Act and in the absence of any evidence of any type whatsoever on records justifying the disqualification, cannot be sustained and set-aside the order of authorized officer passed on February 10, 2006. JNF
JNF/JULY/20/2011/2
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