Law Deptt gives opinion to RDD
Date of constitution, not oath taken into account
JAMMU, Dec 28:
Twenty District Development Councils (DDCs) in Jammu and Kashmir—one in the each 20 districts-have got fresh lease of life for about two months with opinion from Law Department of the Government suggesting that their term will expire on February 24, 2026 and not December 27, 2025.
Piquant situation had earlier emerged over counting of five-year tenure of the DDCs which were constituted for the first time in Jammu and Kashmir completing three tiers of the Panchayati Raj Institutions. The DDC members had taken oath on December 28, 2020 while the Councils were formally constituted on February 25, 2021. The confusion was about taking the date of tenure into account including the day the members took oath or the day the bodies were constituted.
Official sources told the Excelsior that the Law, Justice and Parliamentary Affairs Department of the Government to whom the issue was referred by the Rural Development and Panchayati Raj Department, has stated that that the DDCs shall deemed to be duly constituted from the date of issuance of notification for their constitution which was February 25, 2021.
The Law Department has cited Sub-Rule (2) and Sub-Rule (3) of Rule 108ZP of the Jammu & Kashmir Panchayati Raj Rules, 1996 in favour of its opinion.
Sub-Rule (2) provides that, upon receipt of the names of the elected members, Chairpersons, and Vice-Chairpersons, the Government shall, by notification, constitute District Development Council(s) bearing the name of the concerned district. Sub-Rule (3) states that upon issuance of such notification under Sub-Rule (2), the District Development Council shall be deemed to be duly constituted, the sources said.
The legal opinion means that five-year term of the DDCs will now end on February 24 next year.
“Had the day of oath i.e. December 28, 2020 been taken into account for counting five-year term of the DDCs, the Councils would have ceased to exist today,” the sources said, adding they have now got fresh life for a little less than two months.
As per the Jammu & Kashmir Panchayati Raj Act, 1989, the term of a District Development Council shall be five years, except in cases where common elections are held to all tiers of the Panchayats simultaneously so that all tiers have co-extensive terms in the district.
Each DDC comprises 14 elected members. With J&K having 20 districts, the total strength of elected DDC members is 280.
However, with the UT Government not taking any steps to hold elections to the DDCs, all three tiers of PRIs will cease to exist from February 24, 2026 as term of Panchayats, Municipalities and Block Development Councils (BDCs) has already ended.
In Jammu region, the BJP is in power in six Councils while the National Conference rules three bodies. An Independent is the Chairperson of Poonch DDC. The BJP is in power in Jammu, Samba, Kathua, Udhampur, Reasi and Doda districts while the NC heads the DDCs in Rajouri, Kishtwar and Ramban. An Independent woman Councilor is chairperson of Poonch DDC.
The Panchayats, Municipalities and Block Development Councils ceased to exist nearly two years before while the DDCs are now due to complete their term. With this, all three institutions of the Panchayati Raj created with much fanfare in Jammu and Kashmir will end.
The State Election Commissioner (SEC) responsible for conducting elections to the DDCs, Municipalities, Panchayats and BDCs, is defunct for past over eight months with no Commissioner. In last Assembly session held in Srinagar in October this year, the Government passed a bill on maximum age limit of the SEC.