Srinagar, Mar 30:
High Court directed the Deputy Commissioner Budgam to conclude the ‘No Confidence Motion’ moved by the councillors against the District Development Council (DDC) Chairperson Budgam within the period of two weeks.
Hearing the plea filed by the District Development Councillors of respective DDC constituencies of Khag, Nagam, Khansahib, Narbal, Pakharpura, Soibugh, Sukhnag, Rathsun, BK Pora, Sursyar, Parnewa, Chadoora and Budgam, Justice Rajesh Sekhri disposed of the same with the direction to the DC Budgam to conclude the motion as moved by the petitioner-DDC councilors.
The case set out by them was that one Nazir Ahmad Khan was appointed as Chairperson, District Development Council, Budgam and they moved ‘No Confidence Motion’ against the said Chairperson on 29.02.2024 before Deputy Commissioner, Budgam but he failed to discharge the duty vested in him under law and he deliberately slept over the matter without any lawful justification.
“…the present writ petition is disposed of with a direction to 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”, Justice Sekhri directed.
Advocate Fayaz Bhat representing the petitioner-DDCs submitted before the court that in terms of the Panchayati Raj Act the 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, in the prescribed manner on the grounds of Gross misconduct, Neglect of duty or failure to attend three consecutive meetings of the District Development Council.
He contended that in terms of SO No. 117 of 2024, Deputy Commissioner, is 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 is delivered to him and a meeting convened has to be presided over by Chairperson if ‘motion’ is against Vice Chairperson and by Vice Chairperson if ‘motion’ is against Chairperson.
It was the contention of petitioners that the ‘motion’ in question, filed by them, was to be concluded by Deputy Commissioner, Budgam, within 15 working days. After arguing for a while, learned counsel for the petitioners has submitted that he will be satisfied if Deputy Commissioner Budgam, is directed to conclude the ‘No Confidence Motion’ dated 29.02.2024, submitted by the petitioners against the Chairperson, within a time frame.