Monday, April 29, 2013

Precautions before J & K Municipal Elections!


Implement 74th amendment, ensure security 
before Municipal Elections!
Raman Sharma
The State government must consult security experts before announcing elections to urban local bodies of the state but as an ordinary citizen if I am asked to opine, I would suggest and urge the Chief Minister Omar Abdullah not
to take any decision in haste and then repent as now the state government might be repenting because what is
happening with the innocent Panchayat member, so far 6 elected village heads have been killed besides attack on others. Even the female members are not spared by the unidentified gunmen and the state government yet not have come to any conclusion that who is actually attacking these basic pillars of the democracy. The Panchayati Raj Institutions in absence of Block and District Level Panchayat Boards are incomplete and remain
powerless in absence of implementation of 73rd amendment of constitution in the state. This submission to adjourn
elections must be taken in right perspective and considered with open mind.
The media reports suggests that the state government is eager to conduct elections to the urban local bodies any time now and their decision is not with the intention to devolution of power but due to the fact that in absence of elected urban local bodies a huge chunk of funds from the central government are not allotted to the J&K government and these funds can be released only if there are elected bodies in the state. Already financially constrained state like ours cannot afford to loose these central funds and this is the reason that now the coalition government is mulling for the election to municipal bodies but the decision makers must keep it in their mind that they have failed to protect the lives of innocent Panchayat members and the Chief Minister and his other cabinet
colleagues have already expressed
their helplessness to protect and provide security cover to all the elected panches and sarpanches.
A petition in the National Human Rights Commission is pending with a demand that the government of India and particularly the state government must take steps to bring a sense of security to the elected panchayat members
and their family members who are living under fear psychosis. Therefore it is expected from Chief Minister and his government that at least this time they do not put the lives of contestants into any risk and the Municipal Elections should be held only and only when the state government and its agencies are sure that they are able to protect the successful candidates and the elections are not just to receive the funds from the central
government and then these elected
people are left at the mercy of the terrorists. We the people do not need a new institution just created merely for the monitory benefits and then after leave it as an orphan body. Therefore the State government must assure it to the people of the state that it would own the responsibility of safety and security of the lives of the contesting and winning candidates in Municipal Elections. If the state government takes full responsibility that it would be able to provide security to all the people who would participate in these elections then people would appreciate the decision of holding Municipal Elections. No one is against democracy or elections and every right thinking person want to see the basic institutions of the democracy to flourish in the state. Besides security, the elections without implementation of 74th amendment of constitution in the state is furthermore of no use because without 74th amendment local bodies remain weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers and functions. Without proper implementation of this provision Urban Local Bodies shall not able to perform effectively as vibrant democratic units of self-government. It
is only 74th amendment that ensures
and guarantees certain protections to the Urban Local bodies as it maintains footing the relationship between the State Government and the Urban Local Bodies with respect to the functions and taxation powers; arrangements for revenue sharing; Ensuring regular conduct of elections; ensuring timely elections in the case of supersession; providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women. Otherwise the state government on the pretext of one reason or the other deprive these urban local bodies of required funds, the government without any laid law defers elections sine die and for political gains announce elections keeping the vote profit and loss account into consideration.
The political establishments in the state also must justify the reason for disparity that why for the members of the state legislative assembly and the council the tenure is fixed for 6 years but for the Panchayat members and the elected councilors, corporators of the municipal bodies the tenure is only 5 years. For political convenience the rules are amended and accepted by the
politicians without any logic or justification. This is apathy that the political
parties here in J&K do not want to implement the pro-democratic, pro-power devolution law for the municipal bodies (74th amendment ) as it also has the
provision that gives the urban local bodies the Power to impose taxes for funds for the municipalities. It make it mandatory for the state legislature to authorise a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits as assigned to a municipality such taxes, duties, tolls and fees levied and collected by the state
government. The state government and the political parties here do not want
to give financial autonomy to these
bodies because once these institution are made financially independent then the state will cease to interfere in their day
to day activities.
There is also a provision of Finance Commission, who would review the financial position of the municipalities, the finance commission would be
the same which would be constituted under the Panchayati Raj with
implementation of 73rd amendment, the finance commission besides Panchayati Raj Institutions shall moreover make recommendations to the governor for the municipalities taking care of the needs and requirements of these institutions
of self-governance. Let's hope good sense prevails amongst the political bosses of the state and the people at the helm
of affairs do not customary announce municipal elections without making necessary arrangements for the security and the implementation of 74th amendment.
About Raman Sharma, he is an RTI activist and can be reached [a] jkrtiact@gmail.com,Mob: 9796811012.

published in The North Lines, JK Newspoint, Journey Line, Sree Times and many others.....
http://epaper.journeyline.in/archives.aspx?date1=4/28/2013&page=6

http://www.jknewspoint.com/newsdet.aspx?q=12455

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