SRINAGAR: The Jammu and Kashmir National Conference contesting candidates in SMC elections on Friday filed a complaint challenging the issuance of notification for the conduct of elections to the post of Mayor by Secretary SMC.
Petition challenging the issuance of notification for the conduct of elections to the post of Mayor by Secretary SMC has been filed by JKNCs contesting candidates. Its a brazen violation of MCC as bye elections to 4 vacat SMC seats is still underway. @manojsinha_ @listenshahid pic.twitter.com/RxqKP2NTPV
— JKNC (@JKNC_) November 20, 2020
Terming the SMC move a gross violation of the Model Code of Conduct, the party’s contesting candidates Nuzhat Ara and Ali Muhammad Magray wrote to officials responsible for the adherence of the Model Code of Conduct, asking them to take cognizance of the issue.
The two candidates running for the post of councilors from various wards in the upcoming bye-elections in a written complaint to Chief Electoral Officer (J&K), and District electoral officer, Srinagar said that the holding of a meeting of councilors for the purpose of electing the mayor, while the bye-elections are about to commence was a manifest violation of the MCC in place for the bye-elections to various wards of the municipality in Srinagar.
The candidates in their complaint said the adherence to model code of conduct during the upcoming municipal by-elections should be ensured. The applicants brought to their notice that similar provisions were also in vogue elsewhere in the country and that it was clear that while the elections for the council or urban local body are announced and the model code of conduct was in force, an embargo was placed on any meeting of the council or urban local body save and except for the meeting held for relief measures, and that the said embargo would apply with greater force to the meeting wherein by an indirect election the mayor of the very corporation’s whose bye-elections are underway.
“The present indirect election of the mayor election that is slated to be held on the 25.11.2020 with not only entails the meeting of councilors and corporation but the outcome of the election, if not deferred, would unfairly prejudice the contesting candidates and the candidates seen in close proximity to the winning mayoral candidate would get unfair advantage thereby altering the level playing field as available to the contesting candidates,” the complaint letter reads.
They urged the concerned to take action including deferment of the election to the post of Mayor of SMC ordered vice notification dated no SMC/CS/5027-5116 dated 19.11.2020 being in clear violation of the model code of conduct, till such time results of the bye-elections are declared. “As a failure to pass appropriate directions deferring the impugned elections within a period of 24 hours from the date of receipt of this complaint would compel the claimants to take to appropriate legal remedy as may be available,” the complaint reads.