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Elections to ULBs without SEC, violation of Constitution- Congress
9/13/2023 10:49:07 PM

JAMMU, Sept 13: Raising questions over the process for holding elections to the ULBs including JMC, SMC without establishing an Independent State Elections Commission like the one already existing for Panchayats, is a clear violation of the Constitution especially Article 243ZA in terms of 74th amendment of the Constitution, which is applicable to J&K said Congress asking where are those claiming on nation, one Constitution.
Briefing media persons here today, JKPCC Chief Spokesperson Ravinder Sharma said that the entire exercise of preparation of electoral rolls for and the superintendence, control - conduct of elections to the Urban bodies is vested in an Independent Election Commission , as provided in Constitution in terms of 74th amendment, which is wholly applicable to Jammu and Kashmir .
Taking a dig over the proponents of one nation, one constitution , he said why BJP is silent when elections the rural panchayat bodies are held under SEC while it has no jurisdiction over elections to the ULBs. The entire exercise of elections including preparation of Electoral rolls, is violative of the constitution and unconstitutional, more particularly after abrogation of special status & J&K becoming UT, whereby the entire constitution is applicable to J&K.
Taking strong exception to the fact that the exercise for the upcoming elections to the ULBs is being conducted by the Chief Electoral Officer and not by the existing state election Commission which has jurisdiction over Panchayats only, so far, as per 73rd amendment whereas in view of 74th amendment, the ULBs elections are also to be conducted by an independent commission, said JKPCC Chief Spokesperson .How is it justified that the elections to the rural panchayats etc are conducted under superintendence & control of state election Commission, while as Urban bodies are being conducted by another election authority- office of CEO, he asked.
It is totally illegal, unconstitutional and against the provisions of 74th amendment, which is fully applicable to the J&K but not implemented in this regard by the dispensation claiming one nation, one constitution.
The state election Commission was incorporated in the state Panchayat Raj Act, by an amendment on the insistence Congress in coalition with NC, after the elections to BDCs, were aborted over the issue of full implementation/ incorporation of all relevant provisions of 73rd amendment. It was later done in March 2014 by amendment in the state legislature whereby entire jurisdiction over the electoral exercise including delimitation of wards was given to the commission.
After the coming into power, the BJP tried to weaken & dilute the 73rd amdt by incorporating indirect elections to sarpanch, which was later undone by then Governor N N Vohra during Governor rule.
Referring to the process of delimitation and rotation etc, he said that 73rd & 74th amendment provided the same to be done under supervision of independent institution of election Commission ,in the absence which it is violative of the provisions of 74th amdt. Congress in coalition with NC had incorporated all left out provisions of 73rd including state election Commission but same was not extended to ULBs by BJP controlled government post 2015, till date.
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