HC stays notification abolishing MC Gulmarg

SRINAGAR: The J&K High court has stayed government’s notification which had announced abolishing of Municipal Committee Gulmarg last month.
A single bench of Justice Ali Muhammad Magrey stayed the notification after hearing petitioners, Abdul Majid Mahajan & others.
The petitioners pleaded that once the area was notified in accordance with the procedure prescribed under section 4 of the Municipal Committee Act, the government cannot de-notify it.
While staying the notification, the court also issued notice to the government seeking its response to the petition within four weeks.
On May 19, the government had issued a notification whereby it in exercise of the powers conferred by section (1) of section 9 of Jammu and Kashmir Municipal Act abolished Municipal Committee Gulmarg.
Senior counsel M I Qadri argued that before de-notifying the Municipal Committee Gulmarg, objections were required to be considered.
Qadri, in support of his contention, referred to a judgment of the high court titled Susheel Ahmad Khan versus state and others.
“Apparently, it appears that the petitioners have de-notified the area without following procedure. As such, primafacie a case of grant of ad-interim relief is made out,” the court said while staying the notification.
The government’s decision had evoked resentment from employees working in the committee.

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