The Hindu : National : Premature dissolution of Jammu and Kashmir Panchayats draws flak

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Monday, Apr 18, 2005

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National

Premature dissolution of Jammu and Kashmir Panchayats draws flak

Luv Puri

But decision will bring peace, says the Mufti

JAMMU: The decision to prematurely dissolve three-year-old Panchayat bodies in Jammu and Kashmir is turning out to be battle of sorts between the ruling coalition and the Opposition as the latter has termed the action "undemocratic." The Jammu and Kashmir Chief Minister, Mufti Mohammad Sayeed, has defended the decision, saying fresh elections would help to bring peace to the rural areas of the State.

The State Legislative Assembly on Saturday approved a bill for an amendment to the Jammu and Kashmir Panchayati Raj Act, after a walkout by the National Conference, paving the way for premature dissolution of all Panchayats. This sparked off an uproar among the Opposition members who alleged that the premature dissolution was undemocratic.

Opposition protest

The National Conference said that the elected Panchayats in the Jammu and Kashmir divisions had completed only three-and-a-half years, while in Ladakh the Panchayats had completed just two years. Referring to Panchayati Raj Act, 1989, the leader of the Opposition and National Conference leader, Abdul Rahim Rather, said the Government could supersede the Panchayats under Section 9 only if the Panchayats were found incompetent to perform, and persistently defaulted their duties. Even in such a case, the Government was required to give a show cause notice to the Panchayats.

The State Government had shown no respect for the Prime Minister, Manmohan Singh, who had that the State Legislature pass the Indian Constitution's 73rd and 74th amendments to strengthen the Panchayats and local bodies, he said.

Recently, while flagging off the Udhampur-Jammu train, Dr. Singh had said: "I appeal to the legislators of the Jammu and Kashmir Assembly to amend the State constitution and incorporate the 73rd and 74th Amendments of the Indian Constitution into it."

Parliament's two landmark amendments of the early 1990s, the 73rd Amendment for the rural bodies and the 74th amendment for the urban bodies, could not be implemented in the State as it had a separate constitution and special status under Article 370 of the Indian Constitution.

Different Act

The State Panchayati Act is, in many ways, different from that governing the rest of the country. In the State, there are no elected representatives in the 14 District Planning and Development Boards. The three tiers of the Panchayati Raj do not exist, as in the rest of the country.

The Rural Development Minister, Peerzada Mohd Sayeed, defended the Government decision saying that the Panchayat elections held three years back were "no election." "Out of 2,700 Panchayat Halqas, the election was held for only 981 Panchayats," he said, adding that in the Kashmir division only 152 sarpanches were elected through elections while others were elected uncontested in `dak bungalows' (guest houses).

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