Petition filled in High Court to challenge constitution of Municipal Committee Pahalgam

petition has been filled in Jammu and Kashmir High Court challenging the validity of constitution of Municipal Committee Pahalgam.

Filled by local activist Manzoor Ahmad Magray, the petition claims that the provisions related to constitution of Committee were violated and elections too were held illegally as the Muncipal Committee stands abolished by the Government

Senior Lawyer, Adv Parvez Imroz represents Petitioner-Manzoor Ahmad. Manzoor is affiliated with Himalayan welfare Organization Pahalgam (HWO) and has paryed before the court that the constitution of Municipal Committee Pahalgam, President and Vice-President, be declared illegal.

Commissioner Secretary Housing and Urban Development Department, Chief Election Officer J&K, District Election Officer Anantnag, Chief Executive Officer Municipal Committee Pahalgam, Rayees Ahmad Lone, Basit Margary, Aaliya Jan and Phoola Begum have been made respondents in the petition.

Petitioner has prayed before the court that on 27^th of September 2018, respondent number 2, (Chief Election Officer J&K) issued a notification (N0.2119/CEO/ME/E-Noty/20189290-9309 for conduction the municipal elections and 29^th was fixed last for making nominations.

1^st of October scrutiny of election was made and 3^rd of October was last date of withdrawal. According 13^th of October was date of polling and date of counting was 28^th of October.

According to the petition, population falling in the jurisdiction of Municipal Committee Pahalgam exceeds five thousand therefore 13 members of the municipality were notified.

Initially, 8 candidates had filled nominations and among them, 1 candidate withdrew his nomination papers on the date of withdrawal.

Petitioner claims that seven candidates were elected unopposed but three of them didn’t took oath on 30-10-2018 therefore they cease to be members.  He prays the District election Officer Anantnag (Respondent No.3) and Chief Executive Officer Municipal Committee Pahalgam (respondent No 4) constituted the municipal committee Pahalgam in contravention of section 10 of J&K Municipal Act 2000 which makes it mandatory that Municipal Committee Pahalgam should have at least seven members  while in this case the committee has only four.

Petitioner prays that the constitution of Muncipal Committee Pahlagam was also illegal as the same committee constituted vide order No. 908c dated 29-03-1942 stands abolished by the government vide SRO No. 149 dated 19-05-2015.

Vide SRO 150, Muncipal Committee Gulmarg was also abolished and state didn’t hold elections for MC Gulmarg.

The High Court has now issued notices to all the respondents and sought responses from within two weeks.