Excelsior Correspondent
Srinagar, June 19: High Court has kept the orders of authorities in abeyance whereby the election of a person as Panch in Warnow constituency of district Kupwara was declared as null and void.
In North Kashmir’s Kupwara district in a Panch constituency of Warnow the petitioner-Hakeem Din Gojer elected as Panch has been ousted from the Panch seat vide order dated 22.4.2021 by the Additional Deputy Commissioner Kupwara (ADC) and District Panchayat Officer Kupwara (DPO) by declaring his election on the seat as null and void.
Aggrieved of the decision, petitioner-Din challenged the same before the court and the court on consideration of the matter kept the said order in abeyance. The order, as per the Panch, has been assailed on the ground that no opportunity of being heard was ever given to him by the Appellate Authority before passing the impugned order.
“The case for indulgence at this stage is made out. Notice in the main as well as in application returnable within a period of four weeks. In the meanwhile, subject to the objections from the other side and till next date of hearing before the Bench, the order dated 22.04.2021 passed by the ADC (Appellate Authority) and order dated 24.04.2021 passed by the District Panchayat Officer Kupwara are kept in abeyance”, Justice Sanjeev Kumar directed.
ADC Kupwara vide the impugned order has declared the election of the Panch as null and void under Section 62 and 43 of Panchayat Raj Act 1989 while Panch vacancy of Panchayat was declared as vacant.
“Under section 43 of Panchayati Raj Act, the election of panch constituency (06) of Panchayat Halqa(25) of Warnow (A) Block Wavoora is declared null and void under section 6(2) and 43 of Panchayati Raj Act 1989 and Panch vacancy of Panchayat has been declared as vacant”, the order of DPO Kupwara reads.
Petitioner-Panch submitted that he was not having any disqualification as per the Rules and there was not a valid ground available for his removal as Panch even not within the competence of ADC to decide the issue of reservation post of election as Panch.
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