Anantnag Court rules incumbent president Municipal Committee Bijbehara has no right to hold office

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Srinagar, July 22: An Anantnag Court has said that incumbent president of Municipal Committee (MC) Bijbehara has no right to hold the office after losing No Confidence Motion.

Dismissing an appeal filed by the incumbent President Majid Nabi Khan, court of Additional District Judge Anantnag, Javaid Alam also directed Executive Officer Municipal Committee Bijbehara to proceed as per Sub Rule 6, 7 and 8 of Rule 27 of Jammu and Kashmir Municipality (Procedure and Conduct of Business) Bye laws 2021.

On April 13 this year, a No Confidence Motion was moved under section 25 of the Jammu and Kashmir

Municipality Act 2000 against incumbent President by a group of 9 councillors led by Ghulam Hyder Shah.

As per existing law, the president/ chairman is bound to convene a special meeting upon receipt of the no confidence motion within 7 days to discuss/ vote on no confidence motion failing which the Executive officer is empowered by law to convene the same within 3 days after expiry of seven days. No special meeting was convened till 19 April after which the Executive officer convened a special meeting to discuss/vote on the No Confidence Motion of 24th April by virtue of notification dated 20-04-2022.

The matter reached Chief Juducial Magisterate ( CJM) Anantnag who stayed the notification for convening of special meeting on April 21. Subsequently the CJM vacated the stay order on 26 May 2022 directing executive officer Bijbehara to proceed ahead with the No Confidence Vote.

Meanwhile on May 27, 2022 an appeal was filed before Additional District Judge Anantnag against the order passed by CJM court Anantnag. The Additional District Judge Anantnag ordered a floor test on 20-06-2022. Accordingly the floor test was held and out of 14 councillors present, 8 votes were polled in favour of the No Confidence Motion and 6 against the Motion. After losing the floor test the case was heard for the final arguments and finally the court passed the order, holding that the incumbent president had no right to hold the office.

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