‘OBCs quota shouldn’t breach 50 pc ceiling’
Some Wards have 2500 votes, others 15,000
Sanjeev Pargal
JAMMU, Oct 22: Office of the Chief Electoral Officer (CEO), J&K, PK Pole has written to the Housing and Urban Development Department to change Election Authority for conduct of Urban Local Bodies (ULBs) elections from CEO to the State Election Commission (SEC), ensure that 50 percent upper ceiling of vertical reservation is not breached while granting reservation to Other Backward Classes (OBCs) and hold delimitation to sort out discrepancies in number of electorates in JMC, SMC and other bodies which have been pointed out during objections sought by his office.
Both Panchayat and Municipal elections are conducted by the State Commission in other States/UTs. However, in Jammu and Kashmir, Panchayat polls are held by the SEC, presently headed by BR Sharma, while Municipal polls are conducted by the CEO, who is also the Authority for holding Parliamentary and Assembly elections.
Recently, the Opposition parties had protested over holding of Municipal polls by the CEO saying it is task of the SEC.
“Consequent to the appointment of a full-time SEC in J&K, the mandate to conduct Municipal electoral processes needs to be transferred from CEO to SEC. For this, the Election Authority under the Municipal Acts needs to be changed from Chief Electoral Officer to the State Election Commissioner,” a letter written by the CEO J&K’s office to the Principal Secretary, Housing and Urban Development Department, said,.
The letter, whose copy is in possession of the Excelsior, said the Constitutional provisions also mandate that the Election Authority under the Municipal Acts needs to be changed from CEO to SEC. While making other amendments in the ULB Acts, this may also be done so as to make it in consonance with the Constitutional provisions, it said.
On reservation to OBCs, the letter said many representations were received demanding reservation for OBCs in the ULBs in consonance with the Constitutional provisions under Clause 6 of the Article 253 which read: “Nothing shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens”.
However, the letter said, the upper ceiling of 50 percent of vertical reservation in favour of SC/ST/OBCs shouldn’t be breached in the context of local self-Government. Exceptions can only be made in order to safeguard the interests of Scheduled Tribes in the matter of their representation in Panchayats located in the Scheduled Areas.
“The reservation of Chairperson posts in the manner contemplated by Article 243-D (4) and 243-T (4) is Constitutionally valid. These Chairpersons posts can’t be equated with solitary posts in the context of public employment, the letter said adding, if reservation has to be made in favour of OBCs then corresponding amendments in the Municipal Acts and Rules are required.
Another issue of very significance pointed out in the letter pertains to discrepancies in electorates not only in the Jammu and Srinagar Municipal Corporations but also in other Councils and Committees which calls for fresh delimitation of Wards.
“There is a large difference in the elector bases of different Wards. There are Wards with electorates in the range of 2000 to 3000 on one side and 12,000 to 15,000 on the other extreme in JMC and SMC. Similar variance is there in most of the Municipal Councils and Committees also. This skew in the representation strength of each Ward can be addressed by a fresh delimitation exercise,” the letter read.
Data mentioned in the letter showed that Amphalla and Chak Changarwan Wards in Jammu Municipal Corporation have 2460 and 2873 votes respectively while Gole and Bhour Gadi Garh Wards have 14305 and 15158 electorates respectively.
Similarly in Srinagar Municipal Corporation, Chatterhama and Jamia Masjid Wards have 2439 and 4359 voters respectively as against 15375 and 15464 in Hamdaniya Colony and Zainakot Wards respectively.
The letter called upon the Housing and Urban Development Department to take necessary action in respect of the issues pointed out by the office of the CEO before his office proceeds ahead with subsequent steps in the electoral process of Municipal bodies.
It may be mentioned here that Urban Local Bodies elections were due to be held in October-November but were delayed for grant of reservation to OBCs and correcting deficiencies in number of electorates in different Wards of Municipalities.
The elections will be held once the issues are settled.
Similarly, the Government also proposed to provide reservation to OBCs in the Panchayats. The Panchayat elections were also scheduled to be held in November-December as their five-year term is ending on January 9 but are now likely to be delayed pending amendment in the Panchayati Raj Act for granting reservation to the OBCs.
It may be mentioned here that women enjoy 33 percent reservation in Municipalities and Panchayats while Scheduled Castes and Scheduled Tribes have been granted reservation based on their population. Within 33 percent reservation to Women, Wards are also reserved for SC Women and ST Women.
Discrepancies in Voters of JMC, SMC Wards
Jammu Municipal Corporation
Name of Ward Voters
Amphalla 2460
Chak Changarwan 2873
Bhour Gadi Garh 15158
Gole 14305
Shehzadpur 3019
Narwal Bala Chani Rama 3028
Janipora (West) 12064
Barnai/Upper Dharmal 10219
Sainik Colony 1 3355
Channi Himmat/Channi Rama (Trikuta Nagar) 3511
Deeli 9192
Nai Basti 9272
Poonch House 9480
Lower Muthi 9529
Srinagar Municipal Corporation
Name of Ward Voters
Chatterhama 2439
Jamia Masjid 4359
Zainakot 15464
Hamdaniya Colony 15375
Rozabal 5394
Baghi Mehtab & Shankerpora 5792
Basant Bagh 15214
Zakura 14638
Khwaja Bazar 5856
Lal Chowk 6135
Nawa Kadal 6151
Jogi Lankar 14553
Budshah Nagar 14501
Munawar Abad 14394
Humhama 13589
Pantha Chowk 13576
Hazratbal 13414
Habbak 13316
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