Cabinet nod to amend Panchayati Raj Act likely today; polls before April

*Termination of services of 21 officials to get approval

Mohinder Verma
JAMMU, Dec 8: State Cabinet, which is going to meet under the chairmanship of Chief Minister, Mehbooba Mufti tomorrow evening, will give nod to carry out amendment in Jammu and Kashmir Panchayati Raj Act so as to facilitate holding of elections to grass root level democratic institutions in rural areas before April next year. Moreover, termination of services of 21 officials, which was ordered by the Government last month, will be formally approved by the Cabinet while deliberating upon the necessity of initiating such measures after frequent intervals to cleanse the administration of deadwoods.
Highly placed sources told EXCELSIOR that Cabinet will meet at Civil Secretariat at 4 pm tomorrow to deliberate on large number of pending proposals of different departments. This would be the first meeting of the Cabinet following opening of Darbar in Jammu in the first week of last month.
“One of the important agenda items pertains to amendments in Jammu and Kashmir Panchayati Raj Act so as to facilitate the holding of Panchayat elections”, sources said while disclosing that the issue of holding elections to the urban and rural self-governing bodies also came up for discussion between Governor N N Vohra and Chief Minister Mehbooba Mufti when they met two days back.
In the meeting, the Chief Minister informed the Governor that she was considering a time-frame for Panchayat elections and preferably the same would be held early next year, sources said, adding “the Government has made up mind of holding elections to these grass root level democratic institutions in rural areas before April next year”.
“As much exercise is required to be carried out before holding Panchayat elections, the Government has decided to promulgate an ordinance for carrying out amendments in Jammu and Kashmir Panchayati Raj Act instead of adopting the legislature route”, sources said, adding the Cabinet will give nod to the Department of Rural Development and Panchayati Raj for promulgation of ordinance as discussion on this subject has already been held between Chief Minister and Panchayati Raj Minister, Abdul Haq Khan.
About the necessity of carrying out amendments in the Act before holding elections, sources said that 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.
“As such a Commission has not been constituted till date, this provision is required to be amended to facilitate holding of elections through Chief Electoral Officer (CEO) of the State”, sources said, adding “by way of amendment in Section 26 the superintendence, direction and control of preparation of electoral rolls for, and the conduct of, elections shall be vested in the CEO”.
It is pertinent to mention here that prior to the holding of Panchayat elections in 2011 when there was no focus on framing of State Election Commission amendments had to be carried out in Section 36.
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. However, neither previous dispensation nor present PDP-BJP Coalition Government has paid any serious attention towards this important aspect.
According to the sources, the Cabinet will also put a seal of approval on the decision taken by the Government regarding termination of services of 21 junior officers by declaring them as deadwood. “The Cabinet will also deliberate on the necessity of initiating such measures after frequent intervals to cleanse the administration of deadwoods”, they added.
It is pertinent to mention here that despite lapse of more than 15 days, the Government has yet not made public the names of these 21 officers although confining this action to junior level officers has already raised many eyebrows.
They informed that Cabinet will also make selection of new Chairman of J&K Board of Professional Entrance Examination (BOPEE) as the post is presently lying vacant.
A three-member panel comprising Prof Desh Bandhu, Ashraf Bukhari and Shabir Ahmed has been formulated by the Government and one of them would be selected for the post of Board. Desh Bandhu is a Professor in Jammu University while as Ashraf Bukhari is a retired IAS officer and Shabir Ahmed is Dean Business School, University of Kashmir.
Sources further informed that Cabinet is also likely to accord approval to the proposal of Science and Technology Department regarding enhancing the mandate of Jammu and Kashmir Energy Development Agency (JAKEDA).
“At present JAKEDA has the mandate to implement mini/micro hydel projects up to 2 Mega Watt capacity and Cabinet nod is being sought for allowing JAKEDA to implement projects up to 10 Mega Watts capacity”, they said.
Cabinet will also clear the proposal regarding transfer of 1309 kanals of land at Awantipora for establishment of All India Institute of Medical Sciences (AIIMS), creation of posts of Data Entry Operators in the Rural Development Department and transfer of land for Degree College Sunderbani.
“The Cabinet is also likely to order transfers and postings in the civil and police administration”, sources said, adding “the possibility of reshuffle of some Administrative Secretaries cannot be ruled out”.