RDD writes to Law Deptt, opinion soon
Abrupt end may hit development works
Sanjeev Pargal
JAMMU, Dec 14: A piquant situation has emerged on completion of five-year term of the District Development Councils (DDCs) prompting the Rural Department and Panchayati Raj Department to seek opinion of Law Department amid conflicting reports that the term would either expire on December 27, 2025 or February 24, 2026.
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Official sources told the Excelsior that the Rural Development and Panchayati Raj Department of the Jammu and Kashmir Government has written letter to the Law Department incorporating copies of the Panchayati Raj Act and Rules pertaining to oath and constitution of the DDCs, which were elected for the first time in J&K, seeking its opinion on completion of term.
The DDC members, 14 in each district, were administered oath on December 28, 2020 after completion of election process while the Councils were constituted on February 25, 2021.
As per Jammu & Kashmir Panchayati Raj Act- 1989, the term of District Development Councils shall be five years except for holding common elections to all the tiers of the Panchayats simultaneously so that all the tiers have co-extensive terms in the district.
As per the Act, term of the Panchayats begins from the date of their constitution which was January 10, 2019. The Panchayats completed their term on January 9, 2024. Since term of the Block Development Councils was co-terminus with the Panchayats, they also ceased to exist along with Panchayats nearly a year ahead of formal completion of their five-year stint.
The DDC elections were held in November-December 2020 and this was for the first time that all three tiers of the Panchayati Raj Institutions were completed in Jammu and Kashmir.
Sources said the Rural Development and Panchayati Raj Department is expecting legal opinion from the Law Department in next three-four days which will clear the situation.
“If the Law Department takes tenure of the DDCs from the day of oath ceremony, term of the bodies will expire abruptly on December 27 i.e. within 13 days from today. However, the DDCs are carrying out works taking into account February 24, 2026 as their last day in the office,” the sources said.
Last quarter of the financial year from January 1 to March 31 is crucial in terms of development works and spending of balanced budgetary allocations of the DDCs. The DDC Chairpersons as well as members were under impression that term of the Councils will expire on February 25, 2026 and they were working accordingly, the sources said, adding abrupt completion of their tenure could hamper development works in some of the districts.
However, the Government is expected to issue an order assigning powers to some Authority to ensure completion of works during current financial year.
While the Act clearly stipulates that the term of Panchayats begins from the date of their constitution, no such clarity exists for DDCs. It is also clear in law that there is a deadline for administering the oath to elected members.
According to the Act, the Deputy Commissioner must, within one week of the declaration of results, convene a meeting of the elected members for the purpose of administering them oath.
On October 16, 2020, the Union Government amended the Jammu & Kashmir Panchayati Raj Act-1989 to provide for setting up of District Development Councils.
The law was amended through an executive order by the Ministry of Home Affairs (MHA) invoking the powers vested with it under Jammu and Kashmir Reorganization Act-2019.
Each DDC comprises 14 elected members. With J&K having 20 districts, the total strength of elected DDC members is 280.
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 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.
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