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2022 DIGILAW 543 (JK)

Priti Khajuria v. Jogeshwar Kumar Gupta

2022-09-30

SINDHU SHARMA, TASHI RABSTAN

body2022
JUDGMENT 1. This Letters Patent Appeal has been preferred by the elected Councillors of different Wards of Municipal Council, Udhampur, against the interim order dated 21.09.2022 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 dated 21.09.2022, 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 dated 09.09.2022 and notice dated 19.09.2022 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 Section 275 of the Jammu & 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 14 th of November, 2022. 4. Keeping in view the nature of the controversy raised in the petition and considering the fact that No Confidence Motion has been carried out and the result of the same has been kept in a sealed cover, we deem it appropriate to dispose of this appeal at this stage itself by requesting the learned Writ Court to consider and decide the issue regarding maintainability of the petition at the first instance, preferably within a period of two weeks. 5. Registry is directed to list WP(C) No. 1981/2022 before the appropriate Bench on 12.10.2022. 6. The appellants are also at liberty to move an application seeking preponement of the date. 7. Ordered accordingly. Appeal is disposed of alongwith connected applications.