Sanjeev Pargal
JAMMU, Oct 27: The Election Commission will tomorrow set into motion the process for holding first phase of Assembly elections spread over 15 Assembly constituencies in all three regions of Jammu, Kashmir and Ladakh while the Commission today issued a series of guidelines imposing restrictions on Ministers, bureaucrats, political parties, MP, Legislators and candidates contesting the election.
Official sources told the Excelsior that seven districts comprising 15 Assembly segments will go to elections in first phase on November 25. All 15 Returning Officers for as many Assembly segments, designated already by Chief Electoral Officer (CEO) Umang Narula, will issue the notification tomorrow inviting nominations from eligible candidates for the Assembly elections.
Entire Ladakh region comprising two districts and four segments of Leh and Nobra (Leh district), Kargil and Zanskar (Kargil district), complete Doda belt consisting of three districts and six Assembly seats including Doda and Bhaderwah (Doda district), Kishtwar and Inderwal (Kishtwar district), Banihal and Ramban (Banihal district) and two districts of Kashmir-Bandipora and Ganderbal with five constituencies namely Gurez, Bandipora and Sonawari (Bandipora district), Kangan and Ganderbal (Ganderbal district) will go to polls in first phase.
Chief Minister Omar Abdullah, who also happens to be NC working president is sitting MLA from Ganderbal. Of 6 segments in Doda belt, five are represented by Congress and one by NC while out of four seats in Ladakh, NC holds 3 and Congress 1. Of 3 constituencies of Bandipora, NC holds 2 and PDP 1 while both segments of Ganderbal are represented by the NC.
The candidates can file their nomination papers up to November 5 before designated ROs while scrutiny of nominations will be held on November 7. The candidates can withdraw their nomination papers till November 10. Voting will be held on November 25, counting on December 23 and entire election process will be completed by December 29.
The Assembly elections in Jammu and Kashmir are to be conducted in five phases from November 25 to December 20.
The National Conference and PDP have declared most of their candidates for Assembly elections. The Nationalist Panthers Party has also announced a number of candidates including three sitting MLAs while BJP and Congress were yet to declare their contestants.
Jammu and Kashmir Assembly has 87 Assembly seats. Twenty five seats in the State are reserved for Pakistan occupied Kashmir (PoK) for which elections were never held as the territory remained under illegal occupation of Pakistan since 1947. In the present Assembly, NC has 28 MLAs, PDP 21 (one of whom Moulana Iftikhar Hussain Ansari recently died while two others-Mehbooba Mufti and Muzaffar Beig were elected to Lok Sabha in May), Congress 17 (one of whom Choudhary Mohammad Aslam, who was CLP leader has recently died), BJP 11 (one of whom Jugal Kishore Sharma has also been elected to Lok Sabha while another Prof Chaman Lal Gupta has been expelled from the party), NPP 3, CPM 1, DPN 1, PDF 1 while rest are independents. JSM MLA Ashwani Sharma has joined the BJP.
Meanwhile, the Election Commission of India today issued a series of guidelines for the ruling parties, their Ministers, bureaucrats, candidates and political parties to be strictly adhered to during the elections.
“The ruling parties will ensure that they didn’t misuse the official position. The Ministers will not combine their official visit with electioneering work and not make use of official machinery or personnel during election related works. The Government transport including official aircrafts, vehicles, machinery and personnel will not be used to promote interests of ruling parties,” the guidelines issued by the Election Commission of India vide its communication No. 437/6/1/2014-CC&BE to the State Government said.
It said the public places including the grounds for holding election meetings, use of helipads for air-flights in connection with elections will not be monopolized by the ruling parties. All political parties and candidates shall be allowed the use of such places and facilities on same terms and conditions on which they are used by the parties in power, it added.
“The Ministers and other authorities will not sanction grants or make any payments out of their discretionary funds from the time elections are announced by the Election Commission. They will not announce any financial grants in any form or make any promises. They will not lay foundation stones of projects or schemes of any kind (except the civil servants), make any promise of construction of roads, provision of drinking water facilities, adhoc appointments in Government departments, Public Sector Undertakings, which can influence the voters in favour of party in power,” the Election Commission circular said.
It added that there will be complete ban on transfer of all officers/officials connected with conduct of elections. These include but are not restricted to the Chief Electoral Officer (CEO), Additional/Joint/Deputy CEO, Divisional Commissioners, District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue officers connected to conduct of elections, officers of Police Department connected with management of election like Range IGPs, DIGs, SSPs, SPs, SDPOs, DySPs and other police officers deputed to the Commission.
“Even the transfer orders issued in respect of above mentioned officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission. The ban shall be effective till completion of election process,” the Circular said.
The Election Commission has further directed that the State Government will refrain from making transfers of senior officers, who have a role in management of election in the State. However, it said, in the cases where transfer of any officer is necessary on account of administrative exigencies, the State Government will full justification should approach the Commission for prior clearance.
The Commission ordered that no fresh release of funds under the Members of Parliament (both Lok Sabha and Rajya Sabha) Local Area Development Fund shall be made in any area, where election is in progress. Similarly, no MLA or MLC will release Local Area Development Fund till the completion of election process even if such a scheme is in operation.
“No work shall start in respect of which works orders have been issued but the work has actually not started on ground. These works can start only if a work has actually that will be allowed to continue. There will, however, be no bar on release of payments for completed works subject to full satisfaction of the concerned officers. Where schemes have been cleared and funds provided or released and materials procured and reached the site, the scheme can be executed,” the Commission said.
It added that after the Model Code of Conduct comes into force, the Ministry of Finance will need to take prior approval of the Commission on any policy announcements, fiscal measures, taxation related issues and other financial relief. Similarly, other Ministries/Departments will need to take prior approval of the Commission before announcing any relief/benefit.
The Commission, however, ordered that ex-gratia payments and gratuitous relief in the aftermath of a disaster can be given directly to the person affected at current rates under intimation to it. No change in prescribed scale of payments can be made without permission of the Commission. However, new works that may be necessitated by way of preventive measures to mitigate likely effects of natural disasters like repair of embankments, water channels etc can be taken up only with prior permission of the Commission.
“Also, an area shall not be declared drought/flood effected or any such calamity affected without approval of the Commission. The extent of area already declared to be calamity affected can’t be expanded without approval. Any selective assistance to a group of persons from the PM’s or CM’s Relief Fund will also need the Commission’s approval,” the Circular said.
The Election Commission has, however, ordered that regular recruitments/appointments or promotions through the UPSC, State PSC or the State Selection Commission or any other statutory authority can continue. Recruitment through non statutory bodies will, however, require prior clearance of the Commission.
“While starting any work including relief or development activity, no formal function shall be held involving political functionary. As a matter of good practice, normal functions and publicity even with the presence of official functionaries should be kept to the minimum,” the Circular said.
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