(MENAFN- Kashmir Observer) Srinagar – The High Court of J&K and Ladakh has upheld an amendment, deleting a Sub-Rule that provided that Lambardar appointed otherwise than by election can hold the office till he dies or is dismissed, discharged or till the general election is held.

Dismissing a bunch of petitions, a bench of Justice Rajnesh Oswal termed it as a welcome step on the part of the Government in streamlining the appointment, election and nomination of Lamabardars.

The petitioners, claiming 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 had assailed SRO No. 412 dated 29 September 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.

“It is worthwhile to mention 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 bench said and dismissed the petitions.

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

Read Also J&K HC Updates Rules to Protect Soldiers J&K HC Overturns JKB Dismissal, Grants Pension

The court also ruled that the casual vacancy can 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 cases where an unelected Lambardar is appointed in terms of Rule 11 of the Rules,” the court said.

The court underlined that under the amended Rule 14 (4) of Rules of 1980, the appointment to a vacant post of Lambardar cannot be made for a period beyond 6 months.

“It needs to be 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.”

Further, the court said, 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.“However, in exceptional cases, the period of 6 months can be extended with the prior approval of the District Collector.”

Earlier, in its objections to the petitions, the government submitted that the amendment had 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.

“Due to prevailing conditions, elections could not be held against the post of Lambardar and in some areas due to death/resignation etc. of an existing Lambardar, some nominations/appointments have been made against the posts of Lambardar till elections are held,” the government said. The petitioners, the government said, 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.

MENAFN28072025000215011059ID1109854208