HC stay the Tribunal order setting-aside No Confidence Motion against President Arnia MC
JKUT (Jammu), October-09-2021-( JNF):- Justice Sindhu Sharma of Jammu & Kashmir stayed the order of Special Tribunal Jammu whereby Special Tribunal Set-aside the No Confidence Motion against President Municipal Committee Arnia.
Justice Sindhu Sharma after hearing Adv Himanshu Beotra for the petitioners while staying the judgment, observed that This petition will not be a bar for convening a meeting of the Municipal Committee, Arnia to consider No Confidence Motion of the petitioners in accordance with law and Final affect of the same shall not be given till next date of hearing.
During the course of hearing Adv Himanshu Beotra submitted that the petitioners are elected councilors of their respective Wards of the Municipal Committee Arnia and have assailed the order dated 02.08.2021 passed by respondent No. 3 in a revision titled Ramesh Kumar vs. Executive Officer & ors. in file No. STJ/144/2021 whereby resolution dated 22.04.2021 regarding No Confidence Motion moved by the petitioners against the President and Vice President of the Municipal Committee Arnia, has been set aside.
He further submitted that th petitioners in the month of March, 2021, earlier initiated the process for passing No Confidence Motion against respondent No. 6 and requested for convening a special meeting of the Municipal Committee Arnia to consider the same. Petitioner No. 3, however, withdrew himself from earlier requisition for initiating the process for passing No Confidence Motion and in view of the same, resolution was passed by all the petitioners for withdrawal of No Confidence Motion to the Deputy Commissioner, Jammu. On 22.04.2021, a new requisition was moved by the petitioners for initiating No Confidence Motion against respondent No. 6 (President) and Vice President. This requisition for initiating No Confidence Motion was challenged by respondent No. 6 before the J&K Special Tribunal on the ground that as per Section 25(4) of the Municipal Act, 2000, there cannot be a subsequent motion of No Confidence within the interval of one year of the last motion of No Confidence. The Special Tribunal vide its order dated 20.08.2021 allowed the revision petition and impugned resolution dated 22.04.2021 regarding No Confidence Motion against respondent No. 6 and Vice President of Municipal Committee, Arnia was set aside.
During the course of hearing Adv Himanshu Beotra submits that the Tribunal has not appreciated the provisions of Section 25 of the Act and ignored the procedure prescribed for conducting the No Confidence Motion under the Bye-laws of S.O. 150. It is submitted that the mere initiation of a requisition for convening a meeting would not fall within the scope of Section 25(4) of the Act of 2000, until the motion was actually moved in a meeting properly convened after a decision was taken by the President, , therefore, the view expressed by the Tribunal is erroneous.
Adv Adarsh Sharma, appearing for the Ramesh Kumar President Arnia Municipal Committee, submits that a communication for convening a meeting of the Council was asked for, which had its basis in a decision by the Councilors, as in the present petition, it must be deemed to be a motion initiated at the behest of the petitioners and, therefore, if the same was withdrawn at any stage, the new notice for getting the meeting convened would, therefore, fall within the purview of Section 25(4) of the Act of 2000, if the same is prayed for within a period of one year.
Justice Sindhu Sharma after hearing both the sides in length observed that prima facie a case for showing indulgence is made out and issue notices to the respondents, returnable within four weeks and ordered that subject to objections and till next date before the Bench, operation of the impugned order dated 02.08.2021 shall remain stayed. This petition will not be a bar for convening a meeting of the Municipal Committee, Arnia to consider No Confidence Motion of the petitioners in accordance with law and Final affect of the same shall not be given till next date of hearing. JNF