Jammu and Kashmir High Court on Tuesday dismissed an application seeking a stay on the notification for the election of Srinagar Municipal Corporation (SMC) Mayor.
Two persons from National Conference—Nuzrat Ara and Ali Mohammad Tantray, claiming to be contesting for Councilor in the by-elections of the Municipal Corporation had filed the petition to challenge notification issued by the Secretary Srinagar Municipal Corporation Srinagar for the Mayor's election scheduled for tomorrow.
"Looked from any angle, the contentions raised on behalf of the petitioners to stay the operation of the impugned notification and consequently the process for holding the election of Mayor cannot prima facie sustain in the eyes of law," a bench of Justice Puneet Gupta said and dismissed the plea being without merit, as per an order issued to the news agency GNS.
Among others, the petitioners had contended that the notification was in violation of the Municipal Corporation Act and the rules as well were in violation of the Model Code of Conduct as the elections are being held for Urban Local Bodies including Municipal Corporations.
They also said that the election for Mayor was uncalled for when the by-elections for the Corporation are to be held in the month of December.
The authorities on the other hand said that there was no clause in the Model Code of Conduct, issued by the Chief Electoral Officer (CEO) of Jammu and Kashmir, which bars the Municipal Corporation to hold the election for the post of Mayor during the ongoing process of by-elections of Municipal Bodies.
The counsels appearing on behalf of the officials have referred to certain events and dates preceding the present notification, under challenge, in order to bring home their contention that the election of Mayor cannot be delayed.
"The court need not go into those events as the same are not germane for disposal of the present application," they said, adding, "The court should not ordinarily come in the way of holding the election of the institutions like local bodies."