Cabinet defers BDC elections as Cong puts its act together

Hyper on 73^rd amendment, Omar made to bend before Delhi

Ahmed Ali Fayyaz

SRINAGAR, Oct 15: After breaking his egoism over AFSPA exactly these days of October last year, coalition partner, Congress, has finally succeeded in bending Chief Minister Omar Abdullah on inclusion of the provisions of 73^rd amendment to the Constitution of India in the Jammu and Kashmir Panchayati Raj Act. After his returning to Srinagar this evening, Cabinet decided to defer entire exercise of elections to the already announced Block Development Councils (BDCs) in Jammu and Kashmir---making it clear that the process would be held only after adoption of the provisions by way of an Ordinance.

Following his series of meetings and interaction with senior Congress leaders, including some union Ministers, Chief Minister Omar Abdullah held an unscheduled meeting with the members of his Cabinet at 1830 hours this evening. Sources said that all but three Ministers---R.S. Chib, Raman Bhalla and Mian Altaf Ahmad---participated in the meeting which was presided over by Chief Minister and had just one agenda of deferment of BDC elections.

Senior Congress leader and Minister for Irrigation, Flood Control and PHE, Taj Mohiuddin, who attended the meeting, confirmed to Early Times that Cabinet had decided to defer the BDC elections indefinitely. While the autumn session of Legislature was underway last fortnight, Government had announced to hold Phase-II of the Panchayati Raj elections for creation of BDCs in all community blocks of the state on November 7^th. Subsequently, Chief Electoral Officer had issued a notification and aspiring contestants had begun to collect and file the nomination forms. October 17^th had been notified as the last day for filing of nominations.

Elections of Phase-I for electing Panchs and Sarpanchs (nearly 33,000) for all Panchayats in the state had been held in March and April 2011---first time in the last 30 years. These elected members were now supposed to elect members for BDCs. With today’s Cabinet decision, entire process will get stalled and deferred. It is expected to start afresh as BDCs and DDCs are expected to be constituted before commencement of the state Legislature’s Budget session in February 2013.

Mr Taj Mohiuddin said that in accordance to today’s Cabinet decision, Government would issue an Ordinance with regard to deferment of BDC elections through Governor on Tuesday. Chief Electoral Officer, who is by law authority to conduct the elections for Panchayati Raj institutions in J&K, had last week issued notification with regard to schedule of the elections and appointment of Returning Officers and other staff for each constituency.

SC, ST reservation

Mr Taj Mohiuddin said that Cabinet approved the draft of another Ordinance incorporating all the key provisions of the 73^rd amendment to Constitution of India in the state’s own J&K Panchayati Raj Act. He made it clear that Government was not going to introduce or effect an amendment to J&K Constitutions but would, instead, incorporate all the significant features of the 73^rd amendment in the state’s own law on Panchayati Raj institutions.

Contrary to the NC-headed Government’s plans of nominating men and women of its own choice for certain important positions in BDCs and District Development Councils (DDCs), there would be no nominations now. This, significantly, means termination of different Ministers as heads of the existing District Development Boards. By virtue of the new Ordinance, all members and functionaries of DDCs, including Chairman and Vice Chairman, would be now elected by an electoral college comprising elected representatives from each community block.

Reservation of 33% of seats in each Panchayat Halqa for women, besides 10% for Scheduled Tribes (STs) and 8% for Scheduled Castes (SCs), had already been provided at the primary Panchayat level. Wards in each Halqa had been accordingly reserved and large number of women candidates elected. However, reservation for STs and SCs had not been implemented at this level in the elections last year.

Mr Taj Mohiuddin made it clear that by virtue of today’s Cabinet decision, all the three reservations would now be implemented in BDC and DDC elections. While as the Panchayat Halqas for women would be notified after draw of lots, Halqas for STs and SCs would be declared as ‘reserved’ in constituencies having not less than 33% of the population STs/ SCs. Minister said that it was a major demand of Congress and some other parties.

Constituting an Election Commission, specifically for the purpose of conducting elections for Panchayati Raj institutions, would be another key feature of the new Ordinance. In the Phase-I elections last year, Government had temporarily given these powers to the state’s existing Chief Electoral Officer, who is primarily responsible for conducting elections for Legislative Assembly, Legislative Council, Lok Sabha and Rajya Sabha.

Mr Taj Mohiuddin said that constituting a full-fledged State Finance Commission, with appointments of its head, members and other staff, would be yet another key feature of the new Ordinance. He said that the funds reserved for Panchayati Raj institutions would now formally and regularly flow through this agency that would function independent of all lateral controls of the Government functionaries.

Late tonight Government issued a press release to confirm that the BDC elections were being cancelled. It claimed that the new development was sequel to recommendations of a ‘Core Group’ of Ministers.

Camaraderie!

“Taking cognizance of divergent views on the issue, Chief Minister constituted a core group of the alliance partners (National Conference– Congress) comprising of Minister for Finance Abdul Rahim Rather, Minister for Rural Development Ali Mohammad Sagar, Minister for Forests Mian Altaf Ahmad, Minister for Industries Surjeet Singh Slathia and Political Advisor to the Chief Minister Devender Singh Rana from National Conference and Deputy Chief Minister Tara Chand, Minister for Health Sham Lal Sharma, MLA G.A. Mir, MLC Ravinder Sharma, MLC Bashir Ahmad Magrey from Congress to study and evaluate these views and suggest a pragmatic and workable roadmap”, said the press release.

It added: “The core group held series of meetings and consultations in the last one week to consider the various opinions that have emanated in the past couple of months. The core group made certain recommendations which were considered in a High level meeting chaired by the Chief Minister on Sunday, the 14^th October and attended by President J&K Pradesh Congress Committee Prof. Saif-ud-Din Soz alongwith other members from National Conference and Congress wherein a decision was taken that the state cabinet should be apprised of the recommendations made by this core group for a suitable decision in the matter”.

“The state cabinet which met here today after due diligence and thoroughly studying the recommendations of the core group and after considering the opinion of different people, decided that to strengthen the resolve of the government for a robust Panchayati Raj system, certain changes have to be incorporated in the J&K Panchayati Raj Act, thereby creating a steel-frame of democracy at the grass root level. In order to bring these changes in a transparent manner after due diligence and deliberations with all the stake holders, the cabinet here today decided to bring an ordinance for cancellation of General Elections of Chairman of Block Development Councils”, it added further.

Turning Point

Well-placed political sources insisted that the decision of cancellation of elections for BDCs and holding the same only after incorporation of the 73^rd amendment provisions was the result of sustained political pressure from New Delhi on the Chief Minister and National Conference. Chief Minister had repeatedly pooh-poohed the demand from Congress---as also from BJP and National Panthers Party---and silenced the Opposition on the floor of the Assembly last week. In Assembly, and previously in conversations with media, Mr Omar Abdullah had taken a tough stand on the issue and asserted publicly that the 73^rd amendment would in no circumstances be implemented in J&K, which had its own Constitution.

However, the turning point came on the day of AICC General Secretary Rahul Gandhi’s visit to the state on October 4^th and 5^th. Rahul is believed to have made it clear on Chief Minister that the provisions would have to be adopted before proceeding with BDC and DDC elections. Later, union Home Minister Sushilkumar Shinde too is believed to have made it clear on Mr Omar Abdullah. It was because of this development that union Health Minister Ghulam Nabi Azad looked too confidant in his assertion on the subject in Jammu yesterday.

END