NUZHAT ARA Vs. SRINAGAR MUNICIPAL CORPORATION
LAWS(J&K)-2020-11-58
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 24,2020

Nuzhat Ara Appellant
VERSUS
Srinagar Municipal Corporation Respondents

JUDGEMENT

PUNEET GUPTA - (1.)CM No. 5556/2020 :
The petitioners have challenged Notification No. SMC/CS/5027-5116 dated 19.11.2020, issued by respondent No.3 for election of Mayor of Srinagar Municipal Corporation. The petitioners claim to be contesting for Councilor in the by-elections of the Municipal Corporation. The grievance of the petitioners is that Notification issued for election of Mayor by respondent No.3/Secretary SMC is in violation of the Municipal Corporation Act and the Rules and Regulations framed there-under or in other words the said respondent has no authority to CM No. 5556/2020 issue such Notification for election of Mayor. Further that the Notification impugned is also in violation of the Model Code of Conduct as the elections are being held for Urban Local Bodies including Municipal Corporations.

(2.)The learned counsels appearing on behalf of the caveators have argued that the petition itself is not maintainable and no interim relief can be granted to the petitioners at this stage as the petitioners are not elected representatives of the Municipal Corporation. The Model Code of Conduct which is in vogue is not applicable to the election of Mayor who is to be elected by the Councilors of the Municipal Corporation Srinagar. The Notification is perfectly valid in law is the contention raised on behalf of the caveators.
(3.)The learned Senior counsel appearing on behalf of the petitioners has argued that the election for Mayor is uncalled for when the by-elections for the Municipal Corporation Srinagar are to be held in the month of December and the petitioners are contesting the same. The petitioners are entitled to participate in the process of election for Mayor in view of their being candidates in the by-elections. The learned counsels for the respondents have argued that the petitioners have no locus to challenge the Notification issued for election of Mayor as they are not presently the Councilors.
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