Elections to ULBs without SEC, violation of Constitution: Congress

Jammu, September, 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 Mr 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.

Terming the exercise of elections to ULBs and all related matters as illegal and unconstitutional, particularly after the whole constitution is directly extended and applicable to J&K, post 5th Aug 2019, Congress questioned the exercise already initiated, as without jurisdiction and demanded immediate extension of the jurisdiction of election Commission over the whole exercise of elections & related matters ,to the Commission, as provided by  Article 243ZA of the Constitution of India which reads as under ” Art 243ZA – Elections to the  Municipalities -(1) -The Superintendence, direction & Control of the preparation of electoral rolls for,  and the conduct of all elections to the municipalities shall vest in the state election Commission as referred  in the art,243K.”
Since constitution is supreme, any provisions of law inconsistent to the constitution, is void and cannot sustain, he added, demanding holding of ULB elections under independent Election Commission.

Mr. Kapil Singh- PCC Spokesperson and Mr. Neeraj Gupta- Secretary PCC (Media Coordinator) accompanied Mr.  Sharma in the press conference.

(NOTE: PRESS RELEASE PUBLISHED AS RECEIVED)