Lakhs Of Students Took NEET; Parliament Is Functioning; Kashmir Chamber of Commerce and Industries Can Elect Its Committee Too: J&K HC [Read Order]

The Single Bench of Justice Ali Mohammad Magrey was of the view that it would be in the larger interests of the Company that elections to its Administrative/Executive Body, termed as Committee, for running its affairs are held immediately.

Submissions of the parties

At the very outset, it was submitted before the Court that the object of the litigation surrounds the conduct of elections for the new elected Administrative or Executive Body, called Committee, for the KCCI, and that the appellants were not against the said course in any way.

The Counsel for the Appellants, however, expressed that on account of Covid-19 Pandemic, the appellants are unable to conduct the elections as there are as many as 1300 members who are required to assemble and vote for the purpose.

The Counsel further submitted that if the elections are facilitated by the Government on the directions of this Court, the appellants, following the SOPs, would gladly participate in the elections.

The Counsel for the caveators/respondents submitted that the respondents are in essence litigating for the conduct of elections only, therefore, are not averse to the idea of holding elections as proposed by the learned senior counsel.

Court's Analysis

With regard to the Government's SOP against large gatherings, the Court observed that this issue can be solved by the issuance of appropriate directions to the Deputy Commissioner, Srinagar, keeping in view the fact that NEET Examination of lakhs of candidates was conducted at all India level on 13.09.2020, and that the Parliament has also started its Monsoon Session.

The Court further remarked,

"Viewing thus, there should be no impediment in holding elections to the Administrative / Executive Body of the Company which has just 1300 members and the elections are required to be conducted by ballot, not by raising hands. Cooperation of the Deputy Commissioner, Srinagar, in this behalf can be sought by this Court."

Further, the Court tentatively proposed to direct the issue of the election notification by the concerned committee on 28.09.2020 and complete the requisite processes of filing of nominations on 05.10.2020; last date for withdrawal of nomination on 08.10.2020; dispatch of candidates list along with voter identification card on 15.10.2020; polling date on 22.10.2020 and AGM on 25.10.2020, so that the whole process is completed before it is time for those of the members of the company who go out of the Valley during winters to do so.

Case Details:

Case Title: Kashmir Chamber of Commerce and others v. Zubair Mahajan and others.

Case No.: CM No. 3548/2020 in FAO no. 6/2020

Quorum: Justice Ali Mohammad Magrey

Appearance: Sr. Advocate Z. A. Shah, with Advocate Manzoor Ahmad Dar (for Appellants); Advocate Syed Faisal Qadri (for the respondents)