NUZHAT ARA Vs. SRINAGAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) CM No. 5556/2020 :

(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.