HC orders conclusion of no-confidence motion against DDC Chairperson Budgam in 2 weeks

Srinagar, Mar 29: The High Court of J&K and Ladakh has directed Deputy Commissioner (DC) Budgam to conclude within two weeks no-confidence motion moved in February this year against the Chairperson, District Development Council (DDC), Budgam.

A bench of Rajesh Sekhri ordered the conclusion of the ‘No Confidence Motion’ after counsel representing the District Development Councilors(DDCs) submitted that he would be satisfied if DC Budgam was directed to conclude the ‘No Confidence Motion’ within a time frame.

“…. the present writ petition is disposed of with a direction to respondent No.2- Deputy Commissioner Budgam to conclude the ‘No Confidence Motion’ dated 29.02.2024, moved by the petitioners against Chairperson, District Development Council, Budgam, having due regard to the legal position governing the field, within a period of two weeks from the date copy of this order along with copy of writ petition and documents, is furnished to him,” the court said.

Thirteen DDCs through their Counsel Bhat Fayaz had petitioned court with the contention that they moved No Confidence Motion against the Chairperson, Nazir Ahmad Khan, before DC Budgam on February 29 this year. These DDCs claimed that they were elected from constituencies of Khag, Nagam, Khansahib, Narbal, Pakharpura, Soibugh, Sukhnag, Rathsun, BK Pora, Sursyar, Parnewa, Chadoora and Budgam.

According to the petitioners, in terms of Section 45-A of the Panchayati Raj Act, 1989, Chairperson or Vice Chairperson of District Development Council, is deemed to have vacated his office forthwith, if a resolution, expressing want of confidence in his favour, is passed by a majority of not less than 2/3rd of the directly elected members of the District Development Council at a meeting specifically convened for the purpose on the grounds of gross misconduct, neglect of duty, any disqualification prescribed under sub-section 10 of Section 45-A of Act of 1989, or failure to attend three consecutive meetings of the District Development Council.

“ In terms of SO No. 117 of 2024, Deputy Commissioner, was obliged to convene a meeting of the elected members of the council for consideration of ‘No Confidence Motion’ to be held at the office of council at a time appointed by him, which shall not be later than 15 working days from the date on which the notice under sub-Rule (1) is delivered to him and a meeting convened under sub-Rule (2) has to be presided over by Chairperson if ‘motion’ is against Vice Chairperson and by Vice Chairperson if ‘motion’ is against Chairperson,” they said.

They submitted that while the motion was to be concluded by DC within 15 working days, the authority failed to discharge the duty vested in him under law and he deliberately slept over the matter without any lawful justification.