Excelsior Correspondent
SRINAGAR, Sept 18: High Court has asked the Kashmir Chamber of Commerce Industries and other Federations to provide the suitable names of members of KCCI to enable the court to constitute and nominate the requisite committee for conducting the elections of KCCI.
Justice Ali Mohammad Magrey hearing an appeal filed by KCCI in order to perform the task entrusted to such committee in a transparent manner proposed to nominate the Deputy Commissioner Srinagar as an overall supervising officer to oversee the tasks of the committee.
Court has also proposed for two retired judicial officers of the rank of Principal District Judges for assisting the DC Srinagar in the job. “This, according to the opinion of this court, is the most viable way out to overcome the difficulty and to ensure speedy, real and substantial justice in the case, otherwise the fundamental object to the parties for the conduct of elections to elect the committee in question may not immediately be realized”, Justice Magrey said.
Court has also made it clear beforehand that in the event the parties give their consent as sought from them, and furnish the names of members, the court tentatively proposes to direct issuance of the election notification by the concerned committee on September 28 and complete the requisite processes of filing of nominations on October 10 for conducting the polling on October 22.
Furthermore court also made it clear that in the event these suggestions are agreeable to the parties the interim arrangement for operation of the accounts for the limited purpose ordered by the trial court and for meeting the expenses in connection with the elections to be so conducted, shall continue till the date and time of elected body of the company is held on October 25.
The earlier committee of KCCI elected in the year 2018 court said, shall be ordered to seize to exist with effect from the evening of September 27. “If the parties have any suggestion in regard to these tentative proposals, aimed at achieving the requisite objective of immediate conduct of elections, they would be free to put the same through their counsel”, court said.
Senior Counsel Z A Shah for KCCI submitted before the court that the object of the litigation surrounds the conduct of election for the new elected administrative or executive body, called committee for KCCI and the KCCI is not against the said course in any way.
He however, expressed that on account of COVID-19 pandemic, the KCCI is unable to conduct the elections as there are as many as 1300 members who are required to assemble and vote for the purpose.
He submitted that if the elections are facilitated by the Government on the directions of the Court, the KCCI, following the SOPs, would gladly participate in the elections and till such time the affairs cannot be kept on standstill as such the order of trial court needs to be stayed.
“This court is of the view that it would be advantageous for both the parties and in the interests of the company to agree on nomination of the requisite Committees by this court from amongst the member of the company who have remained its office bearers in any capacity in the past, excluding the present parties, shall furnish and provide the court the names of eight such members to enable the court to nominate and constitute the requisite committees for holding the elections of the Company”, Justice Magrey opined.
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