HC upholds 5- year term for Lambardar

Srinagar, Jul 28: The High Court of J&K and Ladakh has upheld J&K government’s amendment to rules providing for five years’ maximum term for a Lambardar by elections or till he attains an age of sixty years.

Dismissing a batch of petitions, a bench of Justice Rajnesh Oswal upheld the government SRO in this regard by which a Sub-Rule that provided that Lambardar appointed otherwise than by election could hold the office till he dies or is dismissed, discharged or till the general election is held.

The court described the amendment as a “welcome step” on the part of the Government in streamlining the appointment, election and nomination of Lamabardars.

In their pleas, the aggrieved petitioners claimed to have been appointed as Lambardars otherwise than by election under the provisions of the Jammu and Kashmir Lambardari Act, 1972 along with the Jammu and Kashmir Lambardari Rules, 1980 and had assailed SRO No. 412 dated September 29, 2017 issued by the government to the extent of deletion of Sub-Rule 5 of Rule 16 of the Rules and for directing the authorities not to dislodge them from their respective offices of Lambardar.

The Court dismissed the petitions after it noted that “no orders in respect of removal of petitioners were issued by the Government and also no elections for the office of Lumbardars were notified by the Government. “ But the petitioners, apprehending their removal, have filed these petitions in anticipation to stall the process of election which is nothing but an abuse of process of law”, the court said.

While the court held that authorities are left free to hold elections in accordance with Rules, it said: “It is hoped that the respondents would strictly follow the mandate of Rules while making temporary appointments of Lambardars.”

The court underscored that the casual vacancy could be filled by nomination in terms of Rule 17 of the Rules for a period not exceeding six months. “This exceptional power can be resorted to only in case where unelected Lambardar is appointed in terms of Rule 11 of the Rules”.

The court held that under the amended Rule 14 (4) of Rules of 1980, the appointment to a vacant post of Lambardar could not be made for a period beyond 6 months. It noted that a substitute may be appointed by the Tehsildar in place of a Lambardar who is suspended under Rule 8 or 10 of the Rules.

“In case a Lambardar remains, with the permission of Tehsildar, absent by reason of sickness or any other reason for the period exceeding 6 months or is unable to perform the duties imposed upon him under these Rules, a substitute may be appointed in his place for a period not exceeding 6 months,” the Court said. However, it said, in exceptional cases, the period of 6 months could be extended with the prior approval of District Collector.

While contesting the pleas, the government submitted that the amendment has been made in order to remove ambiguity in the Rules. The government said as per SRO 412 of 2017, the term of office of the Lambardar has been fixed for 5 years or till he attains the age of 60 years, whichever is earlier.

The government pointed out that due to prevailing conditions, elections could not be held against the post of Lambardar and in some areas due to death or resignation of an existing Lambardar, some nominations or appointments had been made against the posts of Lambardar till elections were held. “The petitioners cannot claim that they are entitled to hold the posts of Lambardar till their death, when they have not been elected by the people of the area,” the government said.