JAMMU: Justice Tashi Rabstan of J&K High Court Jammu Wing on Monday directed to hold floor test, as it is the most fair and surest test to be conducted in these circumstances for election of a candidate in joint majority in the House or Council, as the case may be, of course, in accordance with law.
The petition was filed by Mohd Haneefa Jan presently Chairman LAHDC Kargil and others seeking stay on the operation of the impugned SRO 228 dated July 5 July, 2016 and order dated July 8 July 2016, whereby it has been directed to conduct the elections to the post of Chairman / Chief executive Councillor of LAHDC, Kargil and also seeking direction for restraining the respondent from interfering or seizing the powers of the chairman of the council in any manner whatsoever; till the final disposal of the writ petition. Adv Pranav Kohli appeared for the petitioners whereas Advocate General Jehangir Iqbal Ganai for the State.
The succinct factual background tailored in writ petition is that election for constitution of Ladakh Autonomous Hill Development Council, Kargil (hereinafter referred to as ‘LAHDC’) was conducted in the year 2013 and the total number of seats in the Council to be filled amongst the persons chosen by direct election shall be 26.
The Government may nominate four persons from amongst the principle religious minorities and women in the district to be members of the Council. The sitting members of the Legislative Assembly of the State of Jammu and Kashmir and the sitting members of the House of the people representing the Assembly or the Parliamentary Constituency, as the case may be, in which the district is situated shall be ex officio members of the Council constituted for the district.
Thus, in total the Council comprises of 30 members. Pursuant to the elections conducted in the year 2013, respondent No.1 vide Notification dated September 2, 2013 notified and published the names of the elected members of the LAHDC, who thereafter while exercising the powers conferred under Sub Section 2 of the Section 4 of the Ladakh Autonomous Hill Development Council Act, 1997 (hereinafter referred to as the ‘LAHDC Act’) nominated four persons as Members of LAHDC, Kargil vide Notification dated September 4, 2013.
The Chairman of the Council was to be elected amongst the elected members of the Council under Section 25(1) of the LAHDC Act, which is defined as Chief Executive Councilor in terms of Section 29(1) (a) of the Act of 1997. It is contended that after election of members of the Council, the election for the post of Chairman/Chief Executive Councilor was also conducted, in which Shri Asgar Ali Karbalai (INC) was elected as Chief Executive Councilor/Chairman of LAHDC, Kargil. Thereafter, pursuant to the Assembly Elections, Shri Asgar Ali Karbalai, was elected as MLA from Kargil constituency and consequently, he resigned from his designation as Chairman/CEC LAHDC Kargil.
It is contended that in the month of April, 2015, members of the Council under minority, i.e., lead by National Conference party along with 03 Independent candidates and 04 nominated candidates represented to respondent No.3 for conducting election to the post of Chairman/CEC for the reasons that vacancy had accrued to the said position on account of resignation of Shri Asgar Ali Karbalai. Accordingly, elections were conducted and one of members of the majority group, namely, Mohd Haneefa – petitioner herein, was elected as a Chairman/CEC for LAHDC Kargil on April 13, 2015.