Excelsior Correspondent
Srinagar, Sept 22: The High Court stayed the order of Additional District Magistrate Srinagar for constituting a new team of office bearers Gurduwara Prabandhak Committee (GPC), Srinagar.
Justice Sanjeev Kumar ordered that the position, as it was existing prior to the issuance of the impugned order issued by the Additional District Magistrate, shall be maintained.
“In the meanwhile subject to objections and till next date of hearing, the effect and operation of the order of the Additional District Magistrate, Srinagar, dated 03-09-2021, constituting a new team of office bearers, shall remain stayed. The position, as it was existing prior to the issuance of the impugned order, shall be maintained”, the HC ordered.
Justice Kumar said the provisions of rule 57-A have been observed more in breach than in compliance as the court could not even find a formal No Confidence Motion moved by the members in the record filed.
On the record there is a communication July 14, 2021, signed by six members of the Committee, written to the DC, Srinagar, requesting him to disband the present Gurduwara Prabandhak Committee, Srinagar, and constitute a new Body by electing them as office bearers as they are in majority.
“I could not find any formal notices issued by the DC, Srinagar, on the so-called ‘No Confidence Motion’ moved by six elected members nor could I find the Minutes of the Meeting, wherein this Motion for No Confidence was taken up”, Justice Kumar said.
The Court while granting the stay on constitution of new office bearers of Committee has made it clear that the interim directions passed shall not preclude the authorities to proceed in the matter strictly in compliance with the provisions of rule 57-A of the Rules of 1975 and pass appropriate orders.
Court in order to remove the previous committee said the ‘Motion of No Confidence’ shall be put to the members by the DC and those members, who are in favour of the Motion, shall raise their hand. If the Motion, court added, is carried by a simple majority, the DC shall declare that the office bearer has lost confidence and would call upon the members to elect a new office bearer.
“The office bearer, who has lost confidence in such Motion, shall handover the charge to his successor on the following date positively under an intimation to the DC concerned. This is in nutshell the procedure laid down in rule 57-A of the Rules of 1975 with respect to the No Confidence Motion against the elected office bearers of the District Gurduwara Prabandhak Committee”, reads the order.
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