HC directs govt not to disturb position of Lambardars
Post by Syed Rukaya on Friday, April 14, 2023
Srinagar, Apr 13: The High Court of Jammu & Kashmir and Ladakh directed the government not to disturb the position of Lambardars, except by conducting elections in terms of Jammu and Kashmir Lambardari Act and Rules, 1980.
Hearing a plea filed by Lambardars having apprehension that they may be removed without following the due course of law, a bench of Justice Sindhu Sharma issued notice to the government authorities and sought their objections within four weeks.
The petitioners claim to have been appointed as Lambardars in terms of the J&K Lambardari Act, 1972 read with J&K Lambardari Rules, 1980 without elections, being nominated.
The counsel representing the petitioners submitted that the appointments are to be governed by Rule 16 of the Rules of 1980, which, inter alia, provide that if a Lambardar is appointed otherwise than by election, he shall continue till he dies or is dismissed/ discharged or till the general election of Lambardars is held.
He further submitted that the petitioners have strong apprehension that they may be removed without following the due course of law and, therefore, seeks a direction to the respondents not to disturb the position of the petitioners without following the due course of law.
The court after hearing the counsel said, "Prima facie, the Court is satisfied that the indulgence of this Court is required at this stage."
"Meanwhile, subject to objections from the other side and till the next date of hearing before the Bench, the Respondents are directed not to disturb the position of the Petitioners as Lambardars, except by conducting elections in terms of Jammu and Kashmir Lambardari Act and Rules, 1980," Justice Sharma said while posting the matter for hearing on May 17.
The petitioners filed the plea in wake of the order issued by the Tehsildar Udhampur on March 17 dismissing as many as 70 Lambardars from the said post without conducting any enquiry under the Lambardar Act, 1972 read with Lambardari Rules, 1980 and that too without providing opportunity of being heard.