Srinagar, Feb 20: Upholding a single-judge bench verdict, the High Court of Jammu & Kashmir and Ladakh dismissed a plea of ex-Sarpanch of Halqa Khowerpara-A, Tangdhar challenging ‘no confidence motion’ moved against him in August 2021
A division bench comprising Justices Rajnesh Oswal and Mohan Lal dismissed a plea of ex-Sarpanch, Mohammad Fayaz Sheikh, who was removed from the post after ‘no confidence motion’ was carried out against him on August 09, 2021.
Sheikh had challenged the single-judge bench verdict wherein his plea, seeking quashing of an order issued by authorities on August 10, 2021 removing him from the office of Sarpanch Halqa Khowerpara-A with effect from the date the motion of ‘no confidence’ was moved, was dismissed.
The counsel representing the petitioner contended that the resolution purported to have been passed in terms of Rule 81(3) of the Rules 1996, is contrary to Section 7 of J&K Panchayati Raj Act 1989, which provided that voting for ‘no confidence motion’ can be passed by resolution expressing want of confidence in a Sarpanch or Naib Sarpanch only by motion of 2/3rd of total Panches of Halqa Panchayat.
It was submitted that the communications/orders have been issued in gross violation of the mandate of Section 7 of J&K Panchayati Raj Act, 1989.
“In the case on hand, there were admittedly nine Panches, one of whom died, therefore, out of eight Panches, not less than six Panches should be present to vote against no-confidence motion, while as in the instant case, as is evident from the impugned communications, only seven Panches were present, out of which only five (05) voted in favour of the motion to remove the petitioner as Sarpanch,” the plea stated.
The petitioner counsel argued that Rule 81(3) is contrary to the mandate of Section 7 of Panchayati Raj Act 1989 and ‘no confidence motion’ for removal of Sarpanch or Naib Sarpanch can be carried on by only 2/3rd of the total number of Panches of Halqa Panchayat and the Panch who did not participate in the meeting, her vote should have been considered in favour of petitioner.
Countering the arguments, the additional advocate general, Hilal Ahmad Wani argued that there were total nine Panches in the Panchayat Halqa Khowerpara-A, out of which one Panch has expired in February 2021 and another was absent at the time of voting, and out of seven members, five Panches voted in favour of the motion and two against the same.
He further submitted that the appellant has not thrown any challenge to the said Rule where-under the motion was carried on.
Dismissing the plea, the court noted that the appellant has not challenged the said Rule. “Otherwise also the appellant has raised a plea that as one of the Panch did not participate in the meeting because of her ailment, so her vote should have been considered in favour of the appellant.”
The court said that this contention of appellant is misconceived and without any justification. “Similar plea can also be raised by the Panches who voted in favour of the motion of no-confidence.”
Upholding the single bench verdict, the court said, “We have examined the order passed by the learned Writ Court and we find that there is no illegality in the same. This appeal, as such, is without any merit, and is accordingly dismissed.”
