Statehood, ULB & Panchayat Elections

Political leaders in J&K are very much eager about Assembly elections but nobody is bothered about the Urban Local Bodies-ULB & Panchayats whose term ended last year. I don’t think the J&K Assembly, if constituted again, will be able to do justice with the people unless statehood is restored. On the contrary , the institutions which would directly benefit us have been dysfunctional for a long time & our political parties are not much worried about the same?

Recently NC leader and former Chief Minister Omar Abdullah while commenting on holding of assembly elections in J&K said that he was very clear that he won’t participate in these elections as the J&K UT Chief Minister will be subservient to the Lieutenant Governor-LG. Recently the Ministry of Home Affairs-MHA amended the J&K Reorganisation Act 2019 and boosted the powers of the LG.

“I can’t see myself in a position where I have to ask the L-G to pick my peon… sitting in wait outside for him to sign the file “ Omar Abdullah wrote on social networking site X
In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), some rules have been inserted.

As per the inserted sub-rule (2A), “No proposal which requires previous concurrence of the Finance Department with regard to ‘Police’, ‘Public Order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary”.
In the principal rules, after rule 42, rule 42A has been inserted pointing,

“The Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.”

 PRIs & ULBs more empowered

On various occasions in the past PM Modi and Home Minister Amit Shah have been highlighting the way the Govt of India took initiative to conduct Panchayat and ULB elections in J&K amid violence and militant threats in 2018.

A group of elected Panchayat Members from J&K led by Chairman J&K Panchayat Conference Shafiq Mir had even met with PM Modi in presence of National Security Advisor Ajit Doval in New Delhi around December 2018. BJP’s national leadership and those from J&K have been highlighting the role played by Modi Govt in conducting 2018 panchayat and ULB elections when the PDP & NC had boycotted them.

People are unable to understand why the fresh elections have been kept on hold by the Modi Govt which seemed a great proponent of local self governance? This is really a matter of serious concern and no political party in J&K has seriously highlighted this issue in the last 9 months? The politicians in J&K seem to be more concerned about holding of J&K Assembly elections. I think they must use their energy for ensuring restoration of statehood instead & stress on conducting ULB & Panchayat elections.

 Gram Sabha’s not conducted

As the term of Panchayats ended last year in December the BDOs have been made administrators for more than 4200 panchayats in J&K. Out of these 4200 panchayats not even in 100 panchayats any Gram Sabha has been conducted in the last 8 months to decide local developmental issues. The developmental plans that were prepared in the village are now prepared in DC offices or BDO offices.

This is so strange? This is an insult to Panchayati Raj? Even the Gram Sabhas to decide the Forest Rights claims are not conducted? On June 28^th this year two Forest Rights Committee Chairpersons from Branwar village in Budgam had requested DC Budgam to withhold the Gram Sabha which had to meet on July 1^st 2024. The Gram Sabha had to decide claims of locals on grazing rights.

The Chief Planning Officer-CPO Budgam on the orders of DC Budgam wrote to the concerned Block Development Officer -BDO Surasyar to postpone the Gram Sabha? Since then Gram Sabha, also Halqa Majlis, hasn’t been held. Had the BDO not been the administrator of panchayats this would not have happened? The officer has to abide by the orders of his seniors but the elected Panchayat won’t get such orders at all. Both the FRC Chairpersons Saifudin Jahara and Rashid Hangdar apprehend the decision of gram sabha will go against them and all the locals will get grazing rights plus new Chairpersons for local FRCs would be elected as Gram Sabha has the powers to change the FRC Chairpersons & members as well.

 Conclusion

I see Panchayats and Municipalities (ULBs) as more powerful institutions in J&K than the Legislative Assembly (if restored) under the existing Union Territory. The panchayat elections were supposed to be held by the end of last year as the 5 year term ended in December 2023. Even the term of Urban Local Bodies -ULBs came to an end last year and since then we have neither elected Municipal Corporations, Councils or Committees in J&K.

The absence of these local bodies is not only impacting our governance mechanism but it also undermines democracy. It is urged that before holding assembly elections, the J&K’s statehood should be restored. Prime Minister Modi also gave assurance to people of J&K about this when he was on Kashmir visit during the Yoga Day event in Srinagar on June 20. The ULB & Panchayat elections should be held simultaneously with the Assembly elections.

Dr Raja Muzaffar Bhat is an Acumen Fellow. He is Founder & Chairman J&K

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