*Step becomes essential in absence of Election Commission
Mohinder Verma
JAMMU, Jan 20: The State Government will have either to carry out further amendment in Jammu and Kashmir Panchayati Raj Act or constitute State Election Commission well before February ending to ensure timely elections to Panchayats otherwise these grass root level democratic institutions in rural parts of the State will meet the fate as that of Urban Local Bodies whose elections have not been held during the past several years.
This has become imperative in view of the legal complications, which restrict the Chief Electoral Officer (CEO) of Jammu and Kashmir from starting any sort of exercise for Panchayat elections, which will become due in May-June this year.
The Section 36 of the Jammu and Kashmir Panchayati Raj Act, 1989 states: The Superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act, vest in an Election Authority to be known as the State Election Commission.
However, prior to the holding of Panchayat elections in 2011 there was no focus on framing of State Election Commission and this prompted the then State Government to carry out certain amendments in Panchayati Raj Act of 1989 to facilitate holding of elections through Chief Electoral Officer of the State.
Accordingly Section 36 of Act of 1989 was substituted with the mention that for purpose of holding general elections under the Act in the year 2011, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall vest in the Chief Electoral Officer of the State.
“Even after holding elections to the Panchayats in 2011, there was no focus on establishment of State Election Commission and the same situation persists at present despite lapse of five years”, official sources told EXCELSIOR, adding since the Amendment was carried out to facilitate Panchayat elections in 2011 only, the polls, which will become due in May-June following completion of five years term of the present Panchayats, cannot be held either without carrying out further amendment for vesting powers on Chief Electoral Officer or without framing State Election Commission.
The State Election Commissioner, as per the provisions of the Panchayati Raj Act, is to be appointed by the Governor on the recommendation of a committee consisting of Chief Minister as Chairman, a senior Minister to be nominated by the Chief Minister, Speaker of Legislative Assembly, Minister Incharge Panchayats and Leader of Opposition in Legislative Assembly as Members.
Moreover, the Act states that a person shall not be qualified for being appointed as State Election Commissioner unless he is holding or has held a post in the Indian Administrative Service or a post in any civil service of the Union or the State not below the rank of Commissioner/Secretary to Government having knowledge and experience in matters relating to conduct of elections.
“Since constitution of State Election Commission involves a lengthy exercise and a formal Government is required to be in place for this task, the amendment in Jammu and Kashmir Panchayati Raj Act is the only option for conducting elections to Panchayats”, sources said, adding “since a detailed exercise is required to be conducted before elections, the decision either in the favour of constituting State Election Commission or carrying out amendment in the Act has to be taken well before February ending otherwise holding timely elections would not be possible”.
When contacted, Chief Electoral Officer (CEO) of the J&K, Shantmanu said, “we are ready with the Master Electoral Roll after completion of Summary Revision exercise but we cannot go ahead with segregation of rural voters for Panchayat elections because at present we don’t have the mandate for the same as per the provisions of the Panchayati Raj (Amendment) Act, 2011”.
Putting weight behind establishment of State Election Commission, the CEO said, “this Commission should be set-up at the earliest to look after each and every aspect relating to Panchayat elections”, adding “in many States of the country such Election Commissions have been established and they are playing crucial role in holding timely elections”.
In response to a question, Mr Shantmanu said, “decision either in favour of establishing State Election Commission or for holding elections through Election Department is required to be taken well before ending February as before elections rural voters would have to be segregated besides conducting a small Special Summary Revision”.
When contacted, an officer of the Panchayati Raj Department told EXCELSIOR on the condition of anonymity that decision either in the favour of State Election Commission or further amendment in the Act would be taken only by the new dispensation. “If need arises, the Governor can take the final decision”, he added.
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