No-confidence motion should be supported by 10 elected members
By: Ibni Maqbool
Srinagar: The chairperson of a District Development Council (DDC) in Jammu and Kashmir can be removed if a resolution expressing no-confidence in him/her is passed by at least 10 directly elected members of the council, legal experts told The Precious Kashmir.
According to the experts, the procedure for removal of DDC chairperson is almost similar to the method for ousting Block Development Council Chairperson, Sarpanch or Naib-Sarpanch.
“The amendments made by the Centre in “The Jammu and Kashmir Panchayat Raj Act-1989” clearly state that a chairperson or a vice- chairperson shall be 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 two third of the directly elected members of the district development council at a meeting specifically convened for the purpose in the prescribed manner,” they said.
According to the legal experts, the notice of no- confidence motion against the chairperson can be submitted on the charges of gross misconduct, neglect of duty, failure to attend three meetings of the council etc.
It is pertinent to mention that two separate no-confidence motions have been submitted against DDC chairpersons of Srinagar and Budgam.
Both the resolutions submitted respectively to DC Srinagar and DC Budgam have been signed by 10 members each.
The elections for district development councils were held in November- December last year after Centre amended the Panchayat Raj law for holding direct elections for third- tier of Panchayat Raj in J&K.
In the election, People’s Alliance for Gupkar Declaration (PAGD) won 110 seats while BJP won 75 seats. But later on, PC left the PAGD, which brought down its seat tally from 110 to 102, as JKPC had won 8 seats.
Later, the election for the post of chairperson and vice-chairperson of the Council were held between February 6 to February 20.