Fayaz Bukhari
SRINAGAR, Oct 8: The legislators of the State Assembly today stressed for empowering and strengthening of Panchayats of the State besides providing security to its members who in hundreds resigned after some of the members were targeted by militants in Kashmir valley.
After the resolution on empowering Panchayats brought by the opposition People’s Democratic Party (PDP) was disallowed by Speaker Mohammad Akbar Lone last week and continuous pressure from Congress and other political parties on the issue, the Speaker today allowed discussion on the recent killing of Panchs and Sarpanchs in parts of Kashmir valley and empowering of Panchayats.
The legislators cutting across the party lines favoured empowerment of Panchayats, amendments to the Jammu and Kashmir Panchayat Raj Act and security to the Panchs and Sarpanchs in the vulnerable areas of the State. However, Rural Development and Panchayat Raj Minister Ali Mohammad Sagar will reply to the discussion in the Assembly tomorrow.
People’s Democratic Party (PDP) senior leader, Muzaffar Hussain Beig said that the Panchayats have become non-functional entities due to lack of funds. He said there is no provision of funds to the Panchayats in the State budget. He questioned the running of the grass root level democratic set up without funds.
Beig said Panchayats are losing Rs 100 crore annually as the BDC and District Development Board (DDB) elections were not held so far. Without any monitoring and guidance from the BDCs and DDBs the Panchayat can’t impose taxes to generate revenue for running these grass root level institutions.
He said that it was imperative for the State Government to conduct the Block Development Council elections within two and half months of the Panchayat elections, but almost two years have passed since then and the BDC elections are yet to be conducted.
“The State Rural Development ministry is facing loss of Rs 493 crores due to non conduct of BDC elections. The Planning Commission has also stopped their assistance to the State due to non conduct of these elections,” he said.
The PDP MLA said that a tug of war has started within the coalition Government over implementation of 73rd amendment of Indian Constitution in State Panchayat Raj Act. He said that if there are good provisions in the 73rd amendment, they should be discussed in the Assembly and incorporated in the State Act.
Beig said that there are number of outstanding provisions in State Panchayat Raj Act, which are yet to be implemented by State Government. He said that their non implementation in State Panchayat Raj Act have created a chaos and confusion among Sarpanchs and Panchs.
The PDP leader said that existing system of Panchayats has forced the Sarpanchs and Panchs to give mass resignation after what he said they became victim of the non seriousness of the coalition Government.
Beig said that National Conference leadership is repeatedly claming that there is no need to implement 73rd amendment of Indian constitution. He said that party should define provisions of State Panchayat Raj Act and transfer these powers to Panchayats to avoid any further confusion.
Accusing National Conference (NC) patron Sheikh Mohammad Abdullah of eroding State Constitution, the PDP senior leader said that Sheikh Abdullah made an important amendment in Article 368 of State Constitution in 1975. He said that prior to this amendment, the State Constitution had the powers to change the nomenclatures of Chief Minister and Governor to Prime Minister and Sadar-e-Riyasat.
PDP senior leader also said that the National Conference spokesman is issuing baseless statements against the PDP patron and party leadership. He said in some statements they allege PDDP’s secret ties with Professor Soz and Mufti Mohammad Sayeed while in other statements, they blame us for having ties with BJP. “We want to clear it to the NC that we were never part of the BJP. It was NC, which was partner, of BJP at the Centre,” he said.
National Conference (NC) senior leaders Choudhary Mohammad Ramzan said that opposition parties have started a negative campaign against Omar Abdullah led coalition Government. He said that instead of appreciating Omar Abdullah’s effort of successful conduct of Panchayat elections after 33 years, they are opposing him on the issue.
Choudhary said that State Panchayat Raj Act has all those provisions already included which are in 73rdamendment of Indian Constitution. He also said Government has already transferred powers of 14 departments to Panchayats.
Over the mass resignation of Sarpanchs and Panchs, the NC leader said that these resignation will not have any major impact on Panchayats. He said such resignations were given in the past as well by members of the NC at the peak of militancy.
Congress MLA G A Mir while countering Choudhary said that the State Panchayat Raj Act came into force 30 years back and it needs to be amended and incorporation of 73rd amendment of Indian constitution to empower Panchayats. He said that in 73rd amendment, Panchayat members can be elected to the BDC and DDBs while the State Act has no such provision.
Mir said that under State Panchayat Raj Act, the Panchayats can be dismissed by the State Government, but under the 73rd amendment, the Government cannot dismiss them.
The Congress MLA also said that by implementation of 73rd amendment, the Panchayats will become independent institutions without any interference from the Government. He said that the Congress does not want the Central Act to be directly implemented in the State but those provisions should be incorporated in the State Act through amendments which give more powers and help in democratization of the grass root level democratic institution.
National Panthers Party MLA, Harshdev Singh said that his party will support the good provision of the 73rdamendment of Indian constitution. He said that the amendment has the potential to empower the Panchayat representatives.
The NPP MLA said that 73rd amendment is not the only panacea. “We need not to implement it in verbatim. Wherever it gives more powers to the Panchayats and helps in their democratization, those portions need to be incorporated in the State Act”, he added.
Singh also accused Congress party of having double standards over the issue. “Outside Assembly they are opposing NC and in the Assembly they are supporting the party,” he said. He asked the Congress to bring a bill in the House and “we will support it”. “If the NC does not support the bill, withdraw the support from the Government”, he asked the Congress.
The NPP MLA said that there are provisions in the State Act that are not being implemented. He suggested that pamphlets on powers of Panchayat members be printed and distributed among the Panchs and Sarpanchs across the State so that they know their powers. He also demanded reservation of women and SCs in the BDCs.
Singh said that State Panchayat Act and Rules are contradictory to each other. He said that the rules say that the Electoral Officer will be Election Authority while act says Election Commission will be the authority.
Singh said that there is an atmosphere of suspicion among the Panchs and Sarpanchs as they think that legislators are against the transfer of powers to Panchayats.
The NPP MLA while condemning the killing of Panchayat members said that it is a cause of concern. “If this kind of incidents had taken place 10-12 years ago it was acceptable but it is cause of concern at this time”, he said adding that there is need for introspection.
Singh said that it is the duty of the Government to create an atmosphere where these Panchayat members feel secure and such mass resignations don’t take place.
CPI (M) State secretary Mohammad Yousuf Tarigami said that it is highly unfortunate that Sarpanchs and Panchs have been killed and urged the Government to provide them security.
Tarigami said these Panchayat members have become target after the political parties used them for the political gains. He said that party will support all those moves which will empower the Panchayats.
BJP MLA, Jugal Kishore said that party is strongly demanding that 73rd amendment of the Indian constitution should be implemented in the State so that Sarpanchs and Panchs will get real powers at the grass root level. He said that the State Act is very nice but there are provisions in the 73rd amendment which are not in the State Act.
MLA Ashwani Sharma also supported the 73rd amendment of Indian constitution in the State Panchayat Raj Act. He said that if there are good points in the Central Act they should be incorporated in the State Act. He said there is confusion at the grass root level in Panchayats and in Government regarding the power of Panchayats. He said that these powers should be defined and confusion removed.
Independent, Engineer Rashid, accused Army and police of using Sarpanchs and Panchs for their own interests. He said that it has led to their becoming soft targets. He said that these Sarpanchs and Panchs are being invited in Sadhbavna operations, Iftar parties and other occasion and militants feel they have become police and Army informers.
Rashid said the Panchayat members became target of militants after the statements of External Affairs Minister and Home Minister who linked Panchayat elections with referendum in the State. He said these elections were conducted for Sadak, Pani and Bijli. He said UJC supremo Syed Sallah-ud-Din even said Sarpanchs and Panchs contested the elections for basic needs and it has nothing to do with politics.
Congress leader, Mohammad Sharief Niaz also supported the implementation of 73rd amendment. He said that it has become important for the State Government to implement the amendment in absence of weak State Panchayat Raj Act.
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