All works done by present Commissioner from 01 Jan 2023 are Illegal as SO 271 has expired : Dy Mayor Srinagar
Dy. Mayor Srinagar Parvaiz Qadri today said that Athar Amir Khan was not eligible to continue as Commissioner SMC as his appointment is in clear contradiction with the MCA, 2000 Section 45.
It was only after the Government issued a SO 271 Dated 3 June 2022, he was allowed to continue for 2 years. Section 427 of the MCA which became basis of this SO 271 reads, “ 427. Power to remove difficulties— if any difficulty arises in giving effect to the provisions of this act or by reasons of anything contained in this act to any other anactment for the time being in force , the Govt may , as occasion requires, by order direct that this act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the commencement orders have effect subject to such adoption weather by way of modification, addition or omissions as it may deem to be necessary & expedient”.
The SO 271 was given retrospective effect from 1-1- 2021 for a period of two years which got expired on 31-12-2022 and the Government is duty bound to appoint an appropriate officer as Commissioner SMC, Qadri said.
Qadri further said, all the works done by Commissioner after 01-Jan-2023 are illegal & Govt should appoint new commissioner as per MCA, 2000.
