Assembly elections for J&K were formally announced by the ECI on October 25. Later on, complete schedule of election was also announced. Prior to the announcement of the election schedule, much controversy raged on the question whether elections should be held on time or postponed till April 2015. The reason for demand for its postponement made by the ruling party was that the impact of recent floods was still to be felt and normalcy in real sense had not returned to life in the flood affected areas. The question was not only discussed by the Election Commission with the State Government, and perhaps also with some political parties with stakes in the elections, but even a write petition was filed by Prof. Bhim Singh in the Supreme Court alleging that relief was not provided to some of the affected chunks of population in the State.
However, the Election Commission, applying its norms to the ground situation in Kashmir, decided to hold elections on time. Therefore, entire election machinery got galvanized into action and preparations for holding free and fair elections were set afoot. However, another question arose which the Apex Court took cognizance of. It was about the promulgation of Model Code of Conduct (MCC) which, according to the existing laws, automatically comes into force once the schedule for elections is announced. We all know what the broad outlines of the MCC are and need not repeat these. The MCC disallows the Government to undertake any special developmental schemes or promote any new projects and policies that are likely to have bearing on the fair and impartial conduct of impending elections. Political parties are required to strictly observe the MCC and in case of violation, the EC has the power of taking any punitive action including disqualification of a prospective candidate or a party. Election Commission of India has been strictly enforcing the clauses of MCC.
But there is a human problem and human situation in Kashmir in the aftermath of September floods which affected lakhs of people. The Supreme Court, while considering the writ petition, demanded the Election Commission of India to explain its position on the issue. In other words the Supreme Court acknowledged that a big element of human suffering was involved and the Election Commission had to take cognizance of ground situation.
It is in this background that the Election Commission of India has made its position clear in an affidavit filed by it in the Supreme Court in response to the notice of the Bench. The affidavit has clarified that EC has relaxed the norms in the context of Assembly Elections in the State. Under the provision of relaxation of norms the State Government has been allowed to continue its work of relief and rehabilitation of the affected people whether under its own programme or the packages sanctioned by the Centre. As we know the PM has already sanctioned one thousand crore rupees package of relief when he visited flood ravaged areas of the valley. Following that other packages also were floated and relief works continued to be undertaken. All of these activities have been allowed to continue uninterrupted. The EC has made it clear that if in addition to relaxations announced by it, the State Government feels that in other areas also pertaining to mitigating the suffering of the affected people are needed it can approach the Commission which will certainly consider the demand with all sympathy.
We highly appreciate that the Election Commission has taken a right decision of treating the issue from humanitarian standpoint. After all safety, security and perpetuation of the population is primary to all considerations and observations. All political parties in the state and more especially those in the seat of the power have a moral responsibility of contributing to the efforts of seeing that displacement, devastation and suffering caused by the natural calamity is alleviated and people are provided normal course of life. Elections make sense when life is normal and existence is not threatened. Therefore, we welcome the decision of the EC leading to relaxation of norms of MCC in the forthcoming elections to the Assembly.
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