Excelsior Correspondent
JAMMU, Sept 13: Raising questions over the process for holding elections to the ULBs including JMC, SMC without establishing an independent State Elections Commission (SEC) like the one already existing for Panchayats, is a clear violation of the Constitution especially Article 243 ZA in terms of 74th Amendment of the Constitution, which is applicable to J&K said Congress asking where are those claiming one Nation, one Constitution.
Addressing a press conference here today, JKPCC chief spokesperson, Ravinder Sharma said that the entire exercise of preparation of electoral rolls and the superintendence, control – conduct of elections to the Urban Local Bodies is vested in an Independent Election Commission, as provided in Constitution in terms of 74th Amendment, which is wholly applicable to Jammu and Kashmir.
Taking a dig over the proponents of one nation, one constitution, he said why BJP is silent when elections to the rural Panchayat bodies are held under SEC while it has no jurisdiction over elections to the ULBs. The entire exercise of elections including preparation of Electoral rolls, is violative of the constitution and unconstitutional, more particularly after abrogation of special status & J&K becoming UT, whereby the entire constitution is applicable to J&K, Sharma added.
Taking strong exception to the fact that the exercise for the upcoming elections to the ULBs is being conducted by the Chief Electoral Officer and not by the existing State Election Commission which has jurisdiction over Panchayats only, so far, as per 73rd amendment whereas in view of 74th Amendment, the ULBs elections are also to be conducted by an independent commission, said JKPCC Chief Spokesperson.
How is it justified that the elections to the rural Panchayats are conducted under superintendence & control of State Election Commission, while as Urban bodies are being conducted by another election authority, office of CEO, Sharma questioned.
It is totally illegal, unconstitutional and against the provisions of 74th Amendment, which is fully applicable to the J&K but not implemented in this regard by the dispensation claiming one nation, one constitution. Since constitution is supreme, any provisions of law inconsistent to the constitution, is void and cannot sustain, he added, demanding holding of ULB elections under independent Election Commission.
Kapil Singh, PCC spokesperson and Neeraj Gupta- secretary PCC (Media Coordinator) also accompanied Sharma during conference.
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