Excelsior Correspondent
JAMMU, Mar 9: Additional District Judge Jammu Tahir Khurshid Raina has upheld the notice for No-Confidence Motion moved against Chairman of Block Development Council R S Pura and said that notice of Secretary BDC convening special meet of Sarpanches survives on touchstone of law.
Earlier, the Chairman had filed suit against the notice dated 5th of January 2021 in the court of Sub-Judge/ CJM Jammu seeking interim relief of staying the proposed meet of Sarpanches on January 30 called by the Secretary Block Development Council RS pura.
The Sub-Judge dismissed the application of the Chairman and against this order an appeal was preferred in the court of Additional District Judge Jammu.
The Plaintiff pleaded that the grounds of motion are unsustainable being in violation of Section 30 of the Panchayati Raj Act and the procedure adopted for convening meeting by the Secretary BDC is contrary to Rule 81 of the Panchayaty Raj Rules.
After meticulous observation of the provisions of the Panchayati Raj Act and Rules, the Additional District Judge held, “it’s a pure democratic process which entails full debate and discussion on the issue and thereafter only on the basis of majority number the fate of the motion against Chairman gets decided”, adding “this is the essence of democracy which has to be acknowledged and not to be thwarted at it’s infancy”.
“Right from trial court to this court, the plaintiff stand is replete with contradictions which reflects his utter confusion about the subject”, the court said while dismissing the appeal filed by the Chairman BDC RS Pura.
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