Disqualification of 4 councilors Kathua stayed

TNN Bureau. Updated: 10/15/2019 9:26:18 AM

JAMMU: J&K Special Tribunal on Monday stayed the order of Chief Electoral Officer J&K in which he had disqualified four councilors of Kathua Municipal Council for defection.
Puneet Gupta, Member, J&K Special Tribunal Jammu stayed the order while hearing an appeal filed by the four councilors--Naresh Kumar, Ajay Kumar, Rekha Devi and Renu Bala.
These four were disqualified on 7 June this year under Section 18 of Jammu and Kashmir Municipal Act, 2000.
The appellants were elected as members of Municipal Council, Kathua representing 'Indian National Congress' (INC) and thereafter formed a group and stated to have joined another political party, namely Bhartiya Janata Party (BJP).
“The appellants have been disqualified on the ground that the appellants have given up the membership of their original political party, formed a group and joined another party and the group so formed merged with the other party which was not as per section 18-B of the Act and whip issued by the party for electing the President of the Council was not honoured by the appellants,” they submitted.
Special Tribunal observed that Tribunal is of the view that the issues have cropped up in the appeal which require elaborate consideration from the Tribunal.
“It is not urged on behalf of the respondents in the application in hand that the order impugned cannot be Interfered with if the case is otherwise made out in the application for interim relief. In view of the above, the order impugned in the appeal is stayed till disposal of the main appeal,” it said.
However, the appellants shall not be entitled to monetary benefits, if any, as members of the Council as the same shall be subject to outcome of the appeal.


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