KCCI Elections: HC Says Its Bona Fide Efforts Have ‘Failed’

  J&K High Court – File Photo

Office Bearers Restrained From Decision Making Till Its Verdict

Srinagar: Jammu and Kashmir High Court on Wednesday observed that its bona fide efforts regarding conducting the election to the 21-Member Executive Committee of the Kashmir Chamber of Commerce and Industries (KCCI) have “failed” due to “dithering attitude” by rival groups of the traders’ body.

A bench of Justice Ali Mohammad Magrey also directed that the September 2 order by 4th Additional District Judge Srinagar, restraining the office bearers of KCCI from taking any decision, “shall continue to hold the field and be operative.”

“Keeping in view the prestigious nature of the organization and the stature, honour and reputation of most of its members in the society, this Court thought that it would be appropriate and in the interest of the Chamber to propose a via media to the parties to the appeal for the conduct of the election and to bring this litigation to a amicable resolution,” the court said, “Accordingly, this Court passed order dated 18.09.2020 which was followed by orders dated 22.09.2020. Initially this Court got the impression that the parties have responded positively, but then whereas the respondent-plaintiffs appeared to be prepared to go by the efforts put in by the Court in this regard, the appellant-defendants seemed to demonstrate a dithering attitude.”

The court said that it would be “distasteful to narrate all that what happened and transpired during this period.”

“It would suffice to say that the efforts put in by the Court in this regard have failed. That is it,” the court said.

“Since the matter stands already heard and the judgment has been reserved, the Court would, accordingly, proceed to decide the appeal,” the court said.

By September 22 order, the court had proposed constitution of sub committees for the conduct of the election. The court had also proposed to nominate the Deputy Commissioner, Srinagar as an overall supervising officer to oversee the performance of all these tasks by the committees with the assistance of two former Principal District Judges—Javed Ahmad Kawoos and Abdul Wahid.

“Meanwhile, till the judgment is announced, the order dated 02.09.2020 passed by the 4th Additional District Judge, Srinagar, impugned in the appeal, shall continue to hold the field and be operative,” the court added. (GNS)

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