WP (C) No. 187/2023 Page 1 of 2

Sr. No. 72

Suppl. List. 1

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP (C) No. 187/2023

CM No. 286/2023

Mohammad Rafiq Mir

…Petitioner(s)/Appellant(s)

Through:

Mr. Lone Altaf, Adv.

Vs.

Government of JK & Ors

...Respondent(s)

Through:

CORAM:

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

O R D E R

01.02.2023

1.

The short grievance projected by the petitioner in this petition is that

his application for consideration and appointment of Lambardar has

not been considered by respondent No. 5, Tehsildar, Ganderbal, on the

ground that petitioners’ resignation has not been accepted by

respondent No. 4 Assistant Commissioner, Panchayat, Ganderbal,

who has slept over the matter.

2.

Learned counsel for the petitioner submits that he would feel satisfied

in case the writ petition is disposed of with a direction to respondent

No. 4 to consider and decide the aforesaid application within some

stipulated period in conformity with Section 11 of Panchayat Raj Act,

1996 read with Rule 84 of the Panchayat Raj Rules, 1996. For facility

of reference, Section 11 of Panchayat Raj Act, 1996 read with Rule

84 of the Panchayat Raj Rules are reproduced hereunder:-

“11. Resignation.- A Sarpanch, Naib-Sarpanch a Panch of

Halqa Panchayat may, by writing under his hand,

addressed to such authority as may be prescribed, resign

his office and his office shall thereupon become vacant.

84.

Resignation by Sarpanch or Naib-Sarpanch or a Panch of

a Halqa Panchayat.- (1) A Sarpanch, Naib-Sarpanch or

Panch wishing to resign his office may do so either by

presenting to the District Panchayat Officer in person or

sending to his address by registered post his written

WP (C) No. 187/2023 Page 2 of 2

resignation signed by himself and attested by the

Secretary and upon so presenting or sending the written

resignation the person concerned shall be deemed to have

vacated his office.

(2)

Any person vacating an office by resignation under sub-

rule (1) or by removal under section 9 shall forthwith

handover the charge of his office:

Provided that the Sarpanch shall handover the charge to

the Naib Sarpanch and vise versa. In case of Sarpanch or

the Naib-Sarpanch required to takeover charge, as the

case may be, being absent, the charge shall be handed

over to the Secretary who shall handover charge to the

concerned person/persons as soon as he is available.”

3.

Learned counsel for the petitioner submits that in terms of the

aforesaid statutory provision and the rules, it is incumbent upon the

respondent No. 5 to consider the application of the petitioner and to

allow him to participate and contest the elections of Lambardar

against village Pati-Hanjipora, Fatehpora, Ganderbal in light of

Section 11 of Panchayat Raj Act, 1996 read with Rule 84 of the

Panchayat Raj Rules, 1996.

4.

Heard learned counsel for the petitioner at length and perused the

record.

5.

Admit.

6.

This petition at request of learned counsel for the petitioner is

disposed of with a direction to respondents’ particularly respondent

No. 5 to consider and decide the application of the petitioner for

allowing him to participate and contest the elections of Lambardar

against Village Pati-Hanjipora, Fatehpora, Ganderbal in light of Rule

84 of the Panchayat Raj Rules, 1996. Respondent No. 4 is also

directed to consider the application for acceptance of the resignation

of petitioner in light of the Panchayat Raj Act and Rules of 1996

within stipulated period of time preferably within four weeks from the

date copy of this order along-with writ petition and annexures are

made available to the respondents.

7.

Writ petition is disposed of.

(WASI