Excelsior Correspondent
SRINAGAR, Mar 24: High Court today dismissed the petition filed by Omar Azhar Kakroo, ex-President of Municipal Committee Baramulla, who was ousted after failing in the floor test.
In the petition the decision qua the post of President of Municipal Council, Baramulla, becoming vacant on account of support of majority of the Councilors to the No-Confidence Motion against the petitioner and subsequent decision that the Vice President of the Council will function as acting President of Municipal Council, Baramulla, till the post of President is filled up through election process was challenged.
After hearing Senior Advocate J A Kawoosa with Advocate Areeb Kawoosa for the petitioner whereas Senior Advocate Jahangir Iqbal Ganai with Advocate Humaira Shafi and Government Advocate Rayees-u-Din Ganai for the respondents, Justice Ali Mohammad Magrey observed, “the No-Confidence Motion moved against the petitioner on its subsequent withdrawal cannot be termed as having failed by deciding the same on the floor of the Council, therefore, the withdrawal will not have any effect on the Motion of No-Confidence, moved against the petitioner by the majority of the Councilors, which is processed for floor test in accordance with law”.
“The contention raised by senior counsel in the writ petition with the support of arguments and supply of law, if accepted will render the whole scheme of law qua subject of No-Confidence against the President and Vice President as redundant. Therefore, being misconceived, shall stand rejected”, High Court said.
After perusal of the J&K Municipality (Procedure For Conduct of Meetings) Bye-Laws, 2005 read with General Clauses Act, Justice Magrey said, “this leaves no doubt in the mind of the court in accepting the contention of Jahangir Iqbal Ganai, senior counsel that the procedure adopted is in tune with the law, therefore, the spirit of ensuring democratically provided right of exercising vote by No-Confidence motion for floor test is in accordance with law”.
With these observations, High Court dismissed the petition.
Follow our WhatsApp channel