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HC stays order of election of Chairman LAHDC Kargil 7/16/2016 10:57:15 PM Early Times Report JAMMU, July 16: Responding the petition filed by Mohd Haneefa Jan presently Chairman LAHDC Kargil and Ors seeking stay the operation of the impugned SRO 228 dtd July 5, and order dtd July 8 this year, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing both sides directed that the order to conduct the elections to the post of Chairman / Chief executive councillor of LAHDC, Kargil, shall remain stayed. When the hearing was taken up Advocate Pranav Kohli with Advocates Farhan Mirza and Rahul Sharma for the petitioners submitted that Dy Commissioner/ Chief Executive Officer was perhaps wanted to usurp the powers of the council through its Chairman and consequently replied to letter dated 01/07/2016 vide reply bearing No. DC-K/LS/340/2016-17 dtd 04th July, 2016 and admitted that the authority of the Chairman has not been questioned in terms of section 27(2) of Act of 1997 and further admitted that pursuant to withdrawal of the support, the Dy. Commissioner/ Chief Executive has already approached the Government in order to proving majority on the Floor of the Council vide letter dated 30.06.2016. The Dy. Commissioner/ Chief Executive also mentioned that appropriate orders in terms of Rule 94 and 95 of LAHDC Rules 1995 are awaited. 'It appears that the Dy. Commissioner/ Chief Executive Officer has misunderstood the provisions of Rule 94 and 95, he added, adding, "The order dated 08.07.2016 is thus, without jurisdiction and in total disregard / in violation of law as also the circular dated 30.06.2016 issued by the Dy. Commissioner/ Chief Executive Officer and deserves to be set aside alongwith SRO 228/2016 dated 05.07.2016 which is without jurisdiction suffers from judicial impropriety and contrary to the provisions of LAHDC, act of 1997 and rules of 1995. Justice Tashi Rabstan of J&K High Court Jammu after hearing both sides directed that subject to objections from other sides and till next date of hearing, order impugned dated July 8, it has been directed to conduct the elections to the post of Chairman / Chief executive councillor of LAHDC, Kargil, shall remain stayed.   Share This News with Your Friends on Social Network     Comment on this Story

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