STATE TIMES NEWS
Jammu: Additional District Judge Jammu, Tahir Khurshid Raina, while hearing an appeal against order of Sub-judge/ CJM Jammu, dismissed appeal filed by Chairman Block Development Council R S Pura, Tarsame Kumar and held that the notice of Secretary BDC, convening special meet of Sarpanchs for moving no confidence motion by Sarpanchas of Panchayat R S Pura against Chairman survives on touchstone of law.Earlier, chairman filed suit against aforesaid notice dated January 5, 2021, to be declared as non est factum, in court of Sub-judge/ CJM Jammu, seeking interim relief of staying proposed meet of Sarpanchs on January 30, 2021, called by Secretary Block Development Council R S Pura, pursuant to notice of Sarpanchs for convening aforesaid meet. The trial court dismissed application of the Chairman against this order of Trial Court dated February 6, 2021 and an appeal was preferred in the court of Additional District Judge, Jammu. The court upheld order of trial court by observing that it sustains on touchstone of law.Plaintiff pleaded that grounds of motion are unsustainable being in violation of Sec 30 of Panchayati Raj Act and procedure adopted for convening meeting by Secretary BDC is contrary to Rule-81 of Panchayaty Raj rules. The court, after rendering meticulous observation on provisions of the Panchayati Raj Act and Rules, held, “It’s a pure democratic process which entails full debate and discussion on issue and thereafter only, on basis of majority number, the fate of motion against Chairman gets decided. This is the essence of democracy, which has to be acknowledged and not to be thwarted at its infancy.” Court further observed that right from trial court to this court, the plaintiff stand is replete with contradictions which reflects his utter confusion about subject.With these observations, Addl District Judge Jammu dismissed appeal filed by Chairman BDC R S Pura and upheld the order of Sub-Judge/ CJM Jammu which has now paved way for convening special meet by Secretary BDC with regard to proposed ‘No Confidence Motion’ against the Chairman.
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