Excelsior Correspondent
SRINAGAR, Feb 20: High Court held the removal of a Sarpanch by ‘Non Confidence Motion’ as legal and valid and dismissed the pleas challenging his removal from the office by the aggrieved Sarpanch.
The petitioner-Mohammad Fayaz Sheikh after contesting the panchayat elections of 2018 for the post of Sarpanch in border area of Tangdhar was declared elected as the electorate of Panch of Halqa Khowerapara, Tangdhar.
However, in August, 2021, he was removed in a no-confidence motion with 5 members voting against him, 2 in favour and one was absent.
The Petitioner challenged the vote for ‘non confidence motion’ by contending that the same have been issued in gross violation of the mandate of Section 7 of the Jammu and Kashmir Panchayati Raj Act on the ground that the same has to be passed by a resolution expressing want of confidence in a Sarpanch or Naib Sarpanch by a majority of not less than 2/3rd of the total number of the Panchs of the concerned Halqa Panchayat.
The division bench of Justice Rajnesh Oswal and Justice Mohan Lal dismissed the appeal of aggrieved Panch. The court said the appellant has not challenged the Rule 81 (3) of the J&K Panchayati Raj Act and also the appellant has raised a plea that as one of the Panch did not participate in the meeting because of her ailment, so her vote should have been considered in his favour.
“This contention of appellant is misconceived and without any justification. Similar plea can also be raised by the Panchs who voted in favour of motion of no-confidence. We have examined the order passed by the Writ Court and we find that there is no illegality in the same. This appeal, as such, is without any merit, and is accordingly dismissed”, reads the judgment.
The DB said, admittedly 9 Panchs, one of whom died, therefore, out of 8 Panchs, not less than 06 Panchs should be present to vote against no-confidence motion, while as in the instant case, as is evident from the impugned communications, only seven 7 Panches were present, out of which only 5 voted in favour of the motion to remove the Petitioner as Sarpanch.
Court reiterated that out of the 7 members who were present at the time of voting for the motion, 5 Panchs voted in favour of the motion, which is well above the two-third majority as prescribed in terms of the rules governing the field.
“That being the position, the contention raised by the Petitioner in the instant Petition qua the ‘No Confidence Motion’ against him not having been adopted by two-third majority of the members present at the time of voting is belied by the pleadings on record”, Court recorded.
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