The term of office for Presidents of Municipal Committees is strictly five years from the date of the first meeting, as defined by the Jammu and Kashmir Municipal Act, 2000.

JUDGMENT :

N. Kotiswar Singh, J.

1. The present appeals are directed against the judgments and orders passed by the learned Single Judges of this Court, one at the Jammu Wing and another at Srinagar Wing. Since the issues involved in both these appeals are common, these appeals are taken up together and decided by this common judgment and order.

2. LPA No.270/2023 has been preferred before the Srinagar Wing of this Court against the Order dated 14.12.2023, passed by the learned Single Judge in WP(C) No. 3205/2023, in which the petitioners had sought a Writ of Mandamus commanding the respondents to allow the petitioners to discharge duties as Presidents of the respective Municipal Committees in terms of Article 243-U, Section 13 & 14 of the Jammu and Kashmir Municipal Act 2000 (hereinafter referred to as the “Act”), and challenging the opinion rendered by the Department of Law, Justice and Parliamentary Affairs, dated 30.10.2023 and also for prohibiting the respondents from dissolving the Municipal Committees of Shopian, Dooru Verinag and Kokernag, before the expiry of five years term.

3. LPA No.236/2023 has been preferred at the Jammu Wing against the Order dated 22.12.2023 passed by the learned Single Judge in WP(C) No. 2942/2023, in which the petitioner had sought for quashing the official communication bearing No. DULBJ/202314200 dated 18.10.2023 by which it was stated that the appellant-petitioner has completed the tenure as the President of the Municipal Committee, Rajouri.

4. The reliefs sought in both the writ petitions by the respective appellants/petitioners were declined and the petitions were dismissed. Being aggrieved by the same, the petitioners have filed the aforesaid two appeals.

5. The issue to be decided in these appeals related to the term of the appointment of the appellants as the Presidents of the respective Municipal Committees of Shopian, Dooru Verinag, Kokernag, and Rajouri, which according to them, is for five years as provided under Section 13 of Jammu and Kashmir Municipal Act 2000 (‘Act’ for short) which is yet to be over. According to the appellants, Section 13 of the Act provides that the term shall be five years from the date of the first meeting of the Municipal Committee, and the respondent authorities had admitted in their document, and it has been clearly mentioned by the Director, Urban Local bodies that the first date of the meeting of the Committee in respect of Dooru Verinag was on 01.05.2019, in respect of Kokernag and Shopian, the first meetings of the Municipal Committees were held on 13.10.2019 and 05.01.2019 and in respect of Rajouri, it was held on 28.01.2019.

6. Therefore, by virtue of Section 13 of the Act, the petitioners would be entitled to remain in the office beyond the period shown against each of the Committees. Accordingly, the petitioners approached the Writ Courts seeking quashing of the said expiry dates mentioned in the said document. However, the writ petitions were dismissed by the Writ Courts.

7. Thus, the issue which arises for consideration before us is, when the tenure of a President of a Municipal Committee will come to an end.

It appears from the records that while the authorities in the Srinagar Division had taken a consistent view that the term of the office of the members of the Municipal Committees expired after 5 years from the date of the first meeting of the respective Committees and the date of the first meeting of the Committees determined by the authorities was with reference to the election of the Presidents of the Committees.

On the other hand, with respect to the Jammu Division, the date of the first meeting of the Committees has been shown to be the date when the Municipal Committees after the election of the Presidents, conducted their normal businesses.

8. Section 13 of the Jammu and Kashmir Municipal Act, 2000 provides for the term of office of the members, which is, 5 years from the date appointed for the first meeting of the municipality. For convenien