Hold Municipality and Panchayat Elections after providing Reservation to OBCs
JAMMU, September 21: Sunil Prajapati, President BJP OBC Morcha J&K UT, today urged upon to the Hon’ble Lieutenant Governor J&K UT and the Union Govt to provide reservation to Other Backward Classes in the forthcoming elections of Urban Local Bodies and Panchayats during October- November this year. The OBC community in J&K has been denied reservation of seats in the Municipality and Panchayat elections in the Article 370 time old discriminatory and controversial Laws eg. J&K Municipality Act 2000 and J&K Panchayati Raj Act 1996 respectively, which were enacted by the then National Conference Govt led by Dr Farooq Abdullaha, wherein the provisions for reservation of seats to OBCs in Municipalities and Panchayat elections have not been included in the concerned Municipality Act 2000 and the Panchayati Raj Act 1996, violating Constitutional provisions of Article 243 D(6) and Article 243 T(6) of the Constitution. The then NC Govt while enacted J&K Muicipality Act 2000 and Panchayati Raj Act 1996, was functioning under the Special Status of Article 370 and the Constitution of J&K 1956, thus violated the Constitutional provisions of Reservation of seats to OBCs in Municipalities and Panchayats as provided in the Article 243D(6) and T(6) of the Constitution of India.
Now, when Article 370 removed and J&K UT is functioning under Constitution of India, all discriminatory and controversial Laws framed by the successive Govts under the influence of Article 370 and Constitution of J&K, which have denied reservation of seats to OBCs in Municipalities and Panchayats elections should be replaced or amended appropriately so that appropriate reservation is provided to OBCs in the forthcoming Municipality and Panchayat elections during October – November 2023. In the absence of th provisions for reservation of seats to OBCs in the Municipality and Panchayat, OBCs will suffer irreparable loss due to lack of representations in these institutions, which will be a great discrimination and injustice since reservation to OBCs in the Municipality and Panchayats elections is being provided in all other States and UTs in accordance with Article 243D(6) and 243T(6) of the Constitution.
Further stated OBCs in J&K have been provided reservation in Jobs under “Social Caste” Category, which is sub clause of Socially and Educationally Backward Classes in terms of J&K Reservation Act 2004, thus a Backward Class and very much entitled for Reservation of seats in the Municipalities and Panchayats as per constitutional provisions. Denying reservation to OBCs in the elections of Municipalities and Panchayats even after revocation of Article 370 applies as if Constitution of India still has not been implemented in J&K UT in toto, but still functioning ap per the laws enacted during Self Rule Govts functioning under Constitution of J&K 1956.
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