Excelsior Correspondent
JAMMU, Mar 31: Judicial Member Rajeev Gupta of Special Tribunal Jammu today upheld the order of Chief Electoral Officer (CEO) whereby four BJP Councilors, who had won elections on the Congress mandate including president of the Municipal Council (MC), Kathua, Naresh Kumar were disqualified.
“The findings of Chief Electoral Officer, J&K, on the second aspect of defiance of whip, are also based on factual and legal aspects properly appreciated by the authority. While returning finding on this aspect, the Chief Electoral Officer has relied upon the case law handed down by the Court of J&K in “Asif Jehan Gattu and Another Versus Executive Officer, Doda Municipal Corporation”, the Tribunal said.
“Chief Electoral Officer has rightly observed that the circumstances presented by the appellants were sufficient to presume that they had the sufficient knowledge of issuance of whip by the Indian National Congress for supporting an independent candidate for the post of President, which they had violated and, on the contrary appellants had put up themselves as candidates for the posts of President and Vice President”, the Tribunal said,
“It has been the contention of the appellants that their disqualification arrived at in the decision of Chief Electoral Officer based on the provisions under Sections 18-A and 18-B of the Municipal Act, is inappropriate for the reason that appellants had already become President and Vice President of MC, Kathua. This argument in the first blush appears to be attractive but on analysis of Sections 25 and 26 referred to by the appellants to support their contention, appears to be quite farfetched”, the Tribunal said, adding “it is to be kept in mind that the petition was put up by the respondents for disqualification of the appellants from the membership of MC, Kathua and it did not relate to their disqualification as President and Vice President of MC, Kathua”.
With these observations, Tribunal was convinced that the decision rendered by the Chief Electoral Officer, was perfectly in harmony with the factual and legal aspects covered in the case, and there being absolutely no perversity or illegality committed by the authority, appeal deserves no merit and is, therefore, dismissed.
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