SMC’s term expires tomorrow; JMC to follow suit on Nov 14

Jammu, Nov 3: Amid uncertainty over timing of conduct of polls (except parliamentary elections), the term of Srinagar Municipal Corporation (SMC) is expiring on November 5.

Jammu Municipal Corporation (JMC) will also follow suit on November 14.

And this has brought a wave of despondency, though temporarily, among the Corporators, who will be stripped of their power, perks and position. Though this is a part of democratic process (stripping) yet they nurse grouse against the government for not coming clear on the timing of ULB elections and they also sound not very convinced of the reasons being offered for delaying elections.

In fact, the five-year term of not just these two Municipal Corporations but most of the Councils and Committees across J&K will expire this month.

In a few cases, the term of few Urban Local Bodies (ULBs) has already expired while the term of few others will expire in December. By December 26, the term of all ULBs across J&K will expire.

This is in consonance with the communication of J&K Housing and Urban Development Department (HUDD) addressed to the Director Urban Local Bodies (ULBs), Kashmir and Jammu on November 1.

HUDD had clarified the term of the members and the duration of the Municipal Corporations, Councils and Committees would “expire after lapse of five years from the date appointed for the first meeting of the respective Corporations, Councils and Committees.”

The clarification of HUDD was in response to the communication of Director Urban Local Bodies, Kashmir regarding election of the elected bodies of Municipal Councils, Committees and the expiry of term related.

“In this connection, the matter was referred to the Department of Law, Justice and Parliamentary Affairs for seeking clarification, which vide U.O No. LAW-SL/138//2023-10 dated 30.10.2023 has opined that – ‘In terms of section 13 and section 14 of the Jammu and Kashmir Municipal Act, 2000 and section 5(1) of the Jammu and Kashmir Municipal Corporation Act 2000, it is explicitly clear that the relevant and reckoning date for computation of five years of term of the members of the Corporations, Councils and Committees and their duration shall be the date appointed for the first meeting,” HUDD communication read.

“Therefore, the term of the members and the duration of the Corporations, Councils and Committees shall expire after lapse of five years from the date appointed for the first meeting of the respective Corporations, Councils and Committees,” the HUDD clarified, referring to the response of Law department.

“Officially”, the conduct of ULB polls has been delayed to ensure reservation to the Other Backward Classes (OBCs) besides delimitation of wards; removal of detection of discrepancies vis-à-vis number of the electorate in different ULBs, including SMC and JMC and settlement of issues related to rotation (of wards).

However, the corporators and councillors take this rationale behind delayed conduct of polls with a pinch of salt.

As Deputy Mayor Srinagar Municipal Corporation Parvaiz Ahmad Qadri points out, “This is nothing but failure of the agencies which hold the responsibility to conduct elections. After the Reorganisation Act, when the related constitutional amendment was extended, the authorities were aware of their mandate and the responsibilities to be fulfilled. As per the spirit of the Municipal Act, the election should have been conducted in advance before the expiry of terms of ULBs. But at the nick of time, they have just woken up from deep slumber that they have to grant reservation to OBCs and complete delimitation. In such a scenario, we have genuine reason to doubt their intentions.”

His counterpart in Jammu Municipal Corporation Baldev Singh Billawaria, who belongs to BJP, for the explicit reasons, tries to maintain balance. “Reason for delay is genuine as delimitation is imperative to give a semblance of justice to all. Yes, I too feel it should have been done earlier. To some extent, the government is responsible but at the same time, we the corporators too are to be blamed. We should have pursued it earlier,” Deputy Mayor JMC Billawaria says.

Interaction with them, also brings to the fore another interesting point about the functioning of two Corporations.

JMC, during its five-year term, could hold only 18 General House meetings against mandatory 60 meetings while its counterpart (SMC) held 17 meetings.