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| HC orders floor test for LAHDC chairman | | | Early Times Report
Jammu, Aug 8: High court judge Tashi Rabstan today ordered to hold floor test for the post of chairman of LAHDC, Kargil, saying it was the most fair and surest test to be conducted in these circumstances for election of a candidate in a joint majority in the House or Council, as the case may be, in accordance with law.
The court directive came in a petition filed by Mohammad Haneefa Jan, presently chairman of LAHDC, Kargil, and others, seeking a stay on the operation of the impugned SRO 228 dated July 5, 2016 and order dated July 8, 2016, whereby it was directed to conduct elections to the post of chairman/chief executive councillor of LAHDC, Kargil.
The petitioners also sought a direction for restraining the respondent from interfering or seizing the powers of the council chairman in any manner whatsoever till the final disposal of the writ petition.
Justice Rabstan, after hearing the two sides, disposed of the petition by providing that the respondents shall proceed in the matter by holding floor test which was the most fair and surest test to be conducted in these circumstances for election of a candidate in joint majority in the House or Council, as the case may be, of course, in accordance with law.
Election to LAHDC was conducted in 2013 and the total number of seats to be filled amongst the persons chosen by direct election is 26. The government may nominate four persons from amongst the principle religious minorities and women in the district as the council members. The sitting members of the Legislative Assembly of the State of Jammu and Kashmir and the sitting members of the House of the people representing the Assembly or the Parliamentary Constituency, as the case may be, in which the district is situated shall be ex-officio members of the council. Thus, the council comprises of 30 members.
It was stated that after election of members of the council, Asgar Ali Karbalai was elected as chairman of LAHDC. Karbalai later got elected as MLA from Kargil constituency and consequently, he resigned from the post of LAHDC chairman.
Mohammad Haneefa was later elected as LAHDC chairman on April 13, 2015. In June 2016, independent candidate Kacho Ali Ahmed Khan withdrew his support as a result of which a resolution was made by 15 councilors, including 10 of INC and five independents, for dissolution of the council with the plea that the majority members representing the cCouncil had been reduced to minority. Respondent No 3 then issued a circular on June 30, 2016 by referring the issue to the government to enable the members of the council led by NC to prove their majority on the floor of the council.
It was contended that nowhere it contemplated a situation for re-election to the post of chairman until the existing council fails to prove its majority on the floor of the council. The petitioners' council stated that respondent No 1 had erred in law and issued impugned SRO 228 for conducting new elections for the post of chairman. |
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