VIKAS KUMAR SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petition is taken up for final consideration at this stage with the consent of counsel for the parties.

(2.) The petitioner was elected as Chairman of Block Development Council, Block Lamberi, in the year of 2018 and is alleged to have been removed from the said post of Chairman of Block Development Council on 9/7/2020 illegally in pursuance to the No-Confidence Motion moved by the Sarpanches of Block Lamberi Tehsil, Nowshara on 28/6/2020 and 29/6/2020. The petitioner is aggrieved of his removal from the post of Chairman. The petitioner during the pendency of the writ petition has moved an application seeking amendment of the prayer part wherein he has also challenged the minutes of the meeting held on 9/7/2020 wherein the petitioner was allegedly removed from the post of Chairman. The same has been taken on record. The petitioner has challenged his removal on the ground that the meeting was not been convened as per Rule 81 of Panchayati Raj Rules; that there was no cogent proof for moving a motion against the petitioner; that the BDO took the steps in pursuance to the motion moved by the private respondents in violation of Rule 81 of the Rules framed under The Jammu and Kashmir Panchayati Raj Act, 1989 and the BDO has sought proof of the allegations from the Sarpanches in the meeting which shows that there was not sufficient proof of the allegations by the time the No-Confidence Motion was carried against the petitioner.

(3.) The official respondents and the private respondents have separately filed the objections to the writ petition. The stand taken by the respondents is that the petitioner has been removed from the post of Chairman in terms of the provisions of The Jammu and Kashmir Panchayati Raj Act, 1989 and the Panchayati Raj Rules, 1996 (herein after called the Act and the Rules respectively). The petitioner stands immediately removed from the post as envisaged under the Sec. 30 of the Act. The due procedure was followed by the respondents in process of removal of the petitioner from his post.