PRITI KHAJURIA Vs. JOGESHWAR KUMAR GUPTA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the elected Councillors of different Wards of Municipal Council, Udhampur, against the interim order dtd. 21/9/2022 passed in WP(C) No.1981/2022.

(2.) In a writ petition filed by the President, Municipal Council Udhampur, respondents herein, challenging the No Confidence Motion moved against him, the learned writ Court passed the impugned interim order dtd. 21/9/2022, directing that, as the petition raised important questions of law, as such, the stand of official respondents was necessary in the matter and awaiting the reply of the respondents, directed to proceed with the voting on No Confidence Motion, pursuant to the impugned no confidence motion dtd. 9/9/2022 and notice dtd. 19/9/2022 and further directed that the result of the voting was not to be declared and be kept in a sealed cover by respondent No. 4, till next date of hearing.

(3.) Learned counsel for the appellants submits that the impugned order has been passed without considering the preliminary objections raised by them regarding maintainability of the petition in view of Sec. 275 of the Jammu and Kashmir Municipal Act. It is further submitted that their submission that the entire process of No Confidence Motion initiated by the appellants would become infructuous after 30 days from the date of convening of the meeting has also not been considered and the next date in the petition has been fixed on 14th of November, 2022.