Srinagar- The High Court of J&K and Ladakh has directed Deputy Commissioner Budgam to conclude ‘No Confidence Motion’ moved last month against the Chairperson, District Development Council, of the central Kashmir district within a period of two weeks.
In their plea, thirteen District Development Councilors of Khag, Nagam, Khansahib, Narbal, Pakharpura, Soibugh, Sukhnag, Rathsun, BK Pora, Sursyar, Parnewa, Chadoora and Budgam submitted that they moved ‘No Confidence Motion’ against the Chairperson, Nazir Ahmad Khan, before Deputy Commissioner Budgam on February 29 this year.
According to the them, 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.
They further contended that 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 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.”
However, after arguing for a while, counsel representing DDCs submitted that he will be satisfied if Deputy Commissioner Budgam was directed to conclude the ‘No Confidence Motion’ within a time frame.
“In view of the above, 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,” a bench of Rajesh Sekhri said.
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