PDP leader Waheed Ur Rehman Para can take oath as DDC member if no restriction under Panchayati Raj Act: Jammu & Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh recently held that Peoples Democratic Party (PDP) youth leader, Waheed Ur Rehman Para, can be sworn in as a member of the District Development Council (DCC), Pulwama, if there are no legal restrictions on administering the oath of office to the UAPA accused under the Panchayati Raj Act and Rules.[Waheed Ur Rehman Parra V/s UT of JK and Ors.].In an order passed last December, Justice Rahul Bharti observed that the Deputy Commissioner, Pulwama shall not default on his statutory duty to administer the oath of office to Para, if there are no prohibitions or restrictions preventing the same. ."This Court deems it appropriate to observe that in case if there is no legal restriction/prohibition envisaged under the Panchayati Raj Act, 1989 read with Panchayati Raj Rules 1996 in administering the oath of office to the petitioner by the Deputy Commissioner, Pulwama, then the Deputy Commissioner, Pulwama shall not default in carrying out the statutory duty of administering oath of office to the petitioner," the order stated..The Court made the observation while issuing notice on a plea by Para urging to direct the Deputy Commissioner, Pulwama to swear in the PDP leader as a DDC member. Para was elected to this seat around two years ago, but was not administered the oath of office owing to his arrest in a case filed under the Unlawful Activities (Prevention) Act (UAPA)..Para stands accused of supporting Hizbul Mujahideen and was charged by National Investigation Agency (NIA) for the same in 2020.The NIA arrested Para on November 25, 2020, for allegedly supporting the banned terror outfit, days after he filed his nomination to contest the DDC elections from his home constituency in south Kashmir’s Pulwama district.He contested the elections while in jail and won from the Pulwama-I constituency by 1,002 votes. He got 1,323 votes against his opponent, Sajad Ahmad Raina of Bharatiya Janata Party (BJP), who got 321 votes.Owing to his arrest, he was not sworn into office and his seat remained unrepresented for two years. He was eventually granted bail in both of the two cases filed against him under the UAPA..His counsel argued before the High Court that the allegations against Para in these criminal cases do not take away his entitlement to join as an elected member of the DDC, Pulwama. He contended that the Deputy Commissioner at Pulwama had omitted to discharge his statutory duties under the Panchayati Raj Act, 1989 and the Jammu and Kashmir Panchayati Rules, 1996 in failing to administer Para the oath of office. The Court, in turn, opined that a prima facie case had been made out by the petitioner. .The Court proceeded to issue notice in the matter, while clarifying that Para can be administered the oath of office if there are no legal hurdles to the same under the Panchayati Raj Act and Rules, even while his petition remains pending. .The matter was taken up last month, on February 20, when Para's counsel, advocate Sharik Riyaz was given more time serve notice on the respondents. The matter is now slated to be heard on April 25. .[Read Order]