Mayors, Presidents, deputies, members to lose powers
Excelsior Correspondent
JAMMU, Nov 1: In a significant ruling, the Law Department of the Union Territory Government has made it clear that term of members as well as duration of Municipal Corporations, Councils and Committees shall expire after lapse of five years.
This has set at right speculations in some quarters especially the BJP circles that the Urban Local Bodies and Panchayats might get extension due to delay in conduct of their elections.
In response to a query by the Urban Local Bodies Department, the Law Department gave its opinion today which said it is explicitly clear that relevant and reckoning date for computation of five years term of the members of the Corporations, Councils and Committees and their duration shall be the date appointed for the first meeting.
“Therefore, the term of the members and duration of Corporations, Councils and Committees shall expire after lapse of five years from the date appointed for first meeting of the respective Urban Local Bodies,” the Law Department said in its opinion submitted to the Urban Local Bodies Department.
For the purpose, the Law department has quoted Sections 13 and 14 of the Jammu and Kashmir Municipal Act, 2000 and Section 5 (1) of the Jammu and Kashmir Municipal Corporation Act 2000.
The Housing and Urban Development Department had referred queries on expiry of term of the Urban Local Bodies to the Law, Justice and Parliamentary Affairs Department for clarification.
The Government had to delay elections to the Urban Local Bodies and Panchayats as it wanted to give reservation to Other Backward Classes (OBCs). Besides, discrepancies were also detected in number of electorates in the Wards of Jammu and Srinagar Municipal Corporations besides other Councils and Committees which required delimitation.
Elections for the Municipalities were scheduled to be held in October-November this year and that of Panchayats in November-December. The Panchayats will complete their five-year term on January 9, 2024.
The five-year term of Srinagar Municipal Corporation will end on November 5, while the terms of other Urban Local Bodies will end between October 28 to December 26.
Term of Jammu Municipal Corporation will expire on November 14.
The end of the tenure of Urban Local Bodies means that the term of all Corporators/ Councilors, including those elected in bye-elections, is also over. The Mayors, Deputy Mayors, presidents, vice-presidents, Corporators/ Councilors of the ULBs would no longer be entitled to perks, privileges and honorarium.
According to documents the tenure of Municipal Committee Kupwara would come to an end on November 2 and that of Langate and Handwara Municipalities on November 18.
As per the official document, terms of all 77 Urban Local Bodies including 40 in Kashmir division and 37 in Jammu region has started ending and by December, terms of all Municipalities will come to an end.
“As term of the ULBs is counted from day of their first meeting, there are different dates for end of their five-year terms too. However, since all Panchayats were constituted on a single day, they will complete their five year tenure on January 9, 2024.
As already reported, powers of Mayors and Deputy Mayors of Corporations will shift to the Commissioners while in case of presidents and vice presidents, the powers will go to Administrators/ Executive Officers. Similarly, powers of Sarpanchs will be vested with BDOs.
However, as per the officials, it will be a temporary phase till elections to the ULBs and Panchayats are held.
Term of elected representatives in Baramulla Municipal Council ends on November 9, while the five-year term of Sopore Municipality culminates on November 4.
The term of four other ULBs-Kunzer, Pattan, Uri and Watergam- also ends on November 4.
The term of president, vice -president and councilors of Municipal Committee Bandipora ends on November 2. The tenure of representatives of Hajin and Sumbal Municipalities ends on November 18.
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