A Lambardar temporarily appointed: Term cannot exceed six months
Jammu & Kashmir High Court Upholds Dismissal of Lambardars Exceeding Age Limit. at mandates timely elections following dismissal of aged Lambardars due to physical incapacity and rule violations.
The Jammu and Kashmir High Court, in a recent decision, upheld the dismissal of Lambardars from various villages in Tehsil Bani, District Kathua, citing advanced age and physical incapacity as valid grounds for their removal. The court's decision reaffirms the statutory provisions under the Jammu & Kashmir Lambardari Act, 1972, and the corresponding Rules of 1980, which stipulate a maximum tenure of five years or until the age of 60 years for Lambardars.
Presided over by Justices Sanjeev Kumar and Sanjay Parihar, the Division Bench dismissed the appeals filed by Man Singh and others who challenged their dismissal as Lambardars and the temporary appointment of private respondents in their place. The court emphasized the importance of adhering to Rule 14 and Rule 11 of the Lambardari Rules, which limit temporary appointments to six months unless exceptional circumstances justify an extension with prior approval.
The appellants, having crossed the prescribed age limit, were found ineligible to hold office. The court noted that the appellants had been appointed to their positions without a general election, which is a breach of the rules mandating that such positions be filled through elections unless specific conditions justify temporary appointments.
In dismissing the appeals, the court also directed the conduct of elections for the Lambardar positions within three months, stressing the need for timely general elections to prevent prolonged temporary appointments. The judgment highlights the court's commitment to ensuring that local governance adheres to statutory regulations, particularly in maintaining the integrity and functionality of the Lambardari system.
Bottom Line:
The term of office for a Lambardar, whether elected or temporarily appointed, is five years or until the age of 60 years, whichever is earlier. Temporary appointments to the office of Lambardar must adhere strictly to Rule 14 and Rule 11 of the Jammu & Kashmir Lambardari Rules, 1980, and cannot exceed six months except in exceptional cases with prior approval.
Statutory provision(s): Jammu & Kashmir Lambardari Act, 1972, Jammu & Kashmir Lambardari Rules, 1980 (Rule 11, Rule 14, Rule 16)
