Sanjeev Pargal
JAMMU, July 24: In a major setback to PDP-BJP coalition Government, Governor NN Vohra has returned Jammu and Kashmir Panchayati Raj (Amendment) Bill, 2016, which was passed by the Legislature in its budget session in June amidst strong opposition by the major opposition parties including National Conference and Congress.
“The Governor has returned the bill raising queries and seeking clarifications,’’ official sources told the Excelsior.
The bill, moved by Rural Development Minister Abdul Haq Khan in both Houses of the Legislature after being cleared by the Cabinet, proposed to change the present structure of direct election of Sarpanches. Instead, it had proposed that the Sarpanch would be elected by the Panchs from themselves.
The bill proposed to do away with previous system of direct election of Sarpanchs.
Though the bill was passed by both Legislative Assembly and Council as PDP-BJP coalition Government enjoyed majority in the Assembly, the two main opposition parties, National Conference and Congress had strongly opposed the bill and staged walk-out from the House.
The two opposition parties wanted present system of direct election of Sarpanchs to continue. Later, NC working president and former Chief Minister Omar Abdullah had also called on Governor NN Vohra and urged him not to give his consent to the Panchayati Raj (Amendment) Bill.
Sources said the Raj Bhawan has told the State Government that certain issues of vital importance to the decentralized democratic framework were involved in the bill.
Therefore, they said, the Governor has asked the State Government to furnish certain clarification on the bill.
Pointing out that the Government was studying the clarification sought by the Governor on Panchayati Raj (Amendment) bill, sources said it would seek opinion of the Law Department before taking further decision.
The State Government has three options before it—reply to the queries sought by the Governor and satisfy him to give consent to the bill, withdraw the bill or pass it once again in the Legislature.
All 4098 Panchayats in Jammu and Kashmir have ceased to exist on July 17 this year after completion of their five-year term due to delay in holding timely elections to them. The Government, according to sources, wanted to hold the Panchayat elections after carrying out the amendment.
During previous Panchayat elections held in 2011 after a gap of nearly 37 years, there were 4098 Sarpanch and 29,402 Panch constituencies. The division wise constituencies included 2145 (Sarpanch) in Kashmir (including Ladakh) and 1953 in Jammu while there were 15767 Panch segments in Kashmir (including Ladakh) and 13,635 in Jammu.
However, with the Government proposing to do away with direct election of Sarpanchs by an Act of Legislation, all 4098 constituencies of Sarpanchs would have been added to 29,402 Panch segments taking total number to 33,500 unless the Government decides to delimitate the constituencies and increase their numbers, which could consume lot of time.
As per the new system, Panchs of a Panchayat would elect their Sarpanch by voting instead of direct election of the Sarpanch.
Elections to Panchayats were last held in April-May 2011 during Omar Abdullah led National Conference-Congress regime after a gap of 37 years as prior to them, the elections had been held in 1974.
Meanwhile, the Governor has given consent to six other bills passed by the Legislature during its budget session in May-June.
They included Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupation (Amendment) bill, Jammu and Kashmir Civil Laws Special Provisions (Amendment) bill, Jammu and Kashmir State Commission for Backward Classes (Amendment) bill, Jammu and Kashmir Brick Kilns Regulations (Amendment) bill, Jammu and Kashmir Chit Funds bill and Jammu and Kashmir General Sales Tax (Amendment) bill.
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