AJKPC Seeks Removal of Illegally ‘Nominated’ Chairpersons
of DDBs
Nomination of Chairperson in DDBs is Void, Illegal: AJKPC
Only Elected Members of the District Should be Chairperson
of DDBs: AJKPC
Jammu, 14/Dec/2015: Terming the Jammu and Kashmir
government order issued by Planning and Development Department regarding nomination
of Chairpersons of District Development Boards as Illegal and void, All Jammu
and Kashmir Panchayat Conference, the leading Panchayat body of over 33,000 elected
members has demanded removal of all nominated chairpersons of the District
Development Boards.
Anil Sharma,
President of the organization while sharing with media persons, his written
submission to the governor, informed that
AJKPC has filed objection with the governor seeking removal of all chairpersons of 20 Districts who were
illegally nominated by the Jammu and Kashmir government in utter violation of
Jammu and Kashmir Panchayat Raj Act.
In his Plea to governor, Sharma has alleged that Jammu and Kashmir Government is brutally
violating the act passed by the State Legislature. As by an executive order (
Government Order no. 108-PD of 2015 dated 11-06-2015 ) the Jammu and Kashmir
government have constituted the District Development Boards in every district
of the state and this board is entrusted very important assignment regarding
formulation of development programs for the district, to formulate plan and
non-plan budget, all fund provided by the government to the district are
mandatory to be en-routed through this
DDPB. In short this District
Development and Planning Board itself is
a mini model of the government and enjoys acute power and authority both
finance and administrative and instead of allowing elections of the
Chairpersons and vice Chairpersons, the government itself without any authority
has nominated them .
The AJKPC president
has further accused the previous and present government of the state of
undermining the authority of the Panchayti Raj Institutions and not following
the proper procedure of holding elections of the Chairpersons and Vice
Chairpersons of the District Development and Planning Boards and nominating the
non-members of the these boards as their Chairpersons.
He questioned the
logic of the government to nominate such members as the Chairpersons of the DDBs
who are not members of the DDBs or even
do not belong to the district, he has demanded that only the members
representing the respective district should be elected as Chairperson or Vice
Chairperson of such District body and due representation should also be given
to women and SC/ST Community members.
Along with his appeal
to the governor, copies of which are
also sent to the state government top functionaries including Chief Minister,
Deputy Chief minister, Minister of Rural Development and Panchayati Raj, Law
Minister, Chief Secretary, Principle Secretary, Department of Planning and
Development, Secretary Department of Law, Secretary department of Panchayati
Raj and all 20 Deputy Commissioners (except DCs of Leh and Kargil), he has also
submitted Copies of the Government order and copies of the Panchayati Raj Act.
The petitioner has
challenged the nomination of
Chairpersons of the DDBs and have termed it as mockery of the law by the state
government “The Jammu and Kashmir
government claims that constitution of these boards have been made under
section 45 of Jammu and Kashmir Panchayati Raj Act 1989 (amended in 2014) but
this is a cruel joke and mockery of the law enacted by the State Legislature
because as per section 45 of this Act (copy enclosed) only the members can be
elected as Chairperson and Vice Chairperson and the members of these boards
must include; Chairman of the Block
Development Councils of the District, Members of Parliament representing the area ;
) Members of the State Legislature representing the areas within the District
; Chairman of the Town Area Committees
at the District ; President of the
Municipal Council, if any. The Chairman
of the Board shall be nominated by the Government from amongst the members of
the District Planning and Development Board. The Vice- Chairman shall be
elected by the members of the District Planning and Development Board from
amongst themselves. No Government servant shall be elected as Vice-Chairman of
the Board. The District Development
Commissioner shall be the Chief Executive of the District Planning and
Development Board. ” he has submitted.
Sharma has also
hinted to adopt Judicial Procedure if
his demand of removal of nominated members is not conceded.
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