Deputy mayor SMC should prove his majority by or before Aug 29: HC
Srinagar : The J&K High Court has directed Parvez Qadri, the Deputy Mayor of Srinagar Municipal Corporation (SMC), also its Mayor in-charge, to prove his majority on the floor of the Corporation by or before 29th of this month.
The direction was issued in a writ petition by Junaid Azim Mattu, the former Mayor of SMC and some other cooperators.
The incumbent Deputy Mayor Parvez Qadri succeeded Sheikh Imran after a no confidence motion against the latter on December 23.
Hearing the petition by Mattoo, Justice Tashi Rabstan asked the respondents to take final call on the motion moved by petitioners strictly under rules and regulations and disposed it off.
“If the motion is strictly under rules and regulations, let respondent No.5 (Parvez Qadri) prove his majority on the floor of the house of Srinagar Municipal Corporation by or before 29.08.2020,” he directed.
The SOPs issued from time to time to prevent the spread of COVID-19, including social distancing shall be strictly adhered to, he ordered accordingly.
A resolution of no-confidence motion against the incumbent deputy mayor, signed by 38 Corporators, had been moved on 14th of July 2020. But the floor test remained in limbo prompting the aggrieved party to seek judicial intervention.
“In terms of the provisions of the Municipal Corporation (Procedure and Conduct of Business) Regulations, a Councilor, who wishes to move a resolution, shall give, at least, 48 hours notice to the Secretary of his intention and shall together with the notice submit a copy of resolution, which he wishes to move,” pleaded the petitioners counsel.
Referring to certain laws, rules and regulations, he said that a resolution of motion of no confidence against the mayor or the deputy mayor is required to be signed by not less than majority of its councilors.
“A resolution for motion of no confidence moved against the incumbent Deputy Mayor is signed by 38 Corporators, which is more than the majority of the total elected Corporators/Councilors required to maintain the motion of non-confidence,” read the petition.
It further contended the resolution has to come up for voting after 48 hours of its presentation for consideration.
“But, despite lapse of about one month, the respondents have not taken any step to convene the special meeting of the Corporation and put the vote for consideration of the resolution of no-confidence against Deputy Mayor – respondent No.5”, it said.
It further contended that no-confidence, signed by more than half of the majority of elected Corporators, “clearly shows that incumbent Deputy Mayor-respondent No.5 – has since lost the confidence of Councilors and he does not enjoy the majority support.”