Srinagar: The J&K High Court on Monday reserved its order in a plea filed by workers of National Conference challenging the notification issued for election to the post of Mayor by Srinagar Municipal Corporation (SMC) Secretary.
The court of Justice Puneet Gupta reserved the order after advocate Shariq Reyaz Jan stated that the notification issued by the SMC Secretary is without any legal competence and is in violation of the Model Code of Conduct which is in force from November 5.
The advocate pleaded that the said notification be quashed for being without any legal justification.
The petitioners, Nuzhat Ara and Ali Mohammad Tantray affiliated with National Conference submitted before the court that they are contesting for the post of Councillor in the upcoming Municipal Elections and have already filed their respective nomination papers for the Bye-elections from their respective Municipal Wards and are presently campaigning for the election.
The petitioners stated that the Model Code of Conduct in relation to the said Election has been announced by the Chief electoral Officer.
“Despite the Model Code of Conduct being in force, the Respondent No.1 ( SMC) being the Urban Local Body whose bye elections are underway, have in brazen violation of the Model Code of Conduct, issued the impugned Notification being Election Notification No SMC/CS/5027-5116 dated 19, November 2020 directing the holding of indirect election to post of Mayor on 25 November,” said the petitioners.
They said that the election to the post of Mayor is an indirect election under the charter of the Municipal Corporation Act, 2000 and the rules as framed thereunder and entails the meeting of the elected councilors to vote for the candidates who are running for the post of Mayor.
“Such a meeting of councilors for the purpose of electing the Mayor, while the bye-elections are about to commence and the Model Code of Conduct in force is a manifest violation of the laws,” petitioners stated.

NUSRAT SIDIQ