People's Democracy

 CPI(M) ON JHARKHAND PANCHAYAT POLLS

 BJP Govt Violates High Court Order, Deceives People

THE Jharkhand state committee of the Communist Party of India (Marxist) has made a detailed comment on the note submitted by the state government in the all-party meeting, held on September 26, on the issue of panchayat elections in the state. One will note that these elections are long overdue and the BJP government of the state has been adopting a dithering attitude on the issue, despite the High Court directive that these elections should be held on an early date.

Here, a curious thing is that the state government submitted its note only in the September 26 all-party meeting and did not have it circulated in advance. The result was that the parties attending the said meeting, including the CPI(M), did not have time to study the government’s note before commenting upon it. This is particularly significant in view of the fact the proposals contained in the said note will have far reaching consequences on the future of the rural population of Jharkhand.

According to the CPI(M) state committee, in the case WP(PIL) No. 3270/2003, through an affidavit on August 20, 2003 before the Jharkhand High Court at Ranchi, the state government had informed that all preparations for holding panchayat elections in the state had already been completed and that only dates for holding these elections were to be finalised in consultation with the State Election Commission. In this regard, the state government also gave an undertaking to the court.

Through an affidavit submitted on September 17, 2003 in the same case, the State Election Commission had also informed the High Court that all preparations for holding the panchayat elections had been completed and that the dates for holding these elections had to be decided together by the state government and the State Election Commission. Yet, the state government did not announce any dates for holding the panchayat elections despite repeated reminders. In frustration, the State Election Commission made a submission before the High Court in which it said the following, among other thing:

“That it is stated that conduct of elections being a joint exercise of the state government and the commission, preparedness of one is affected by factors that matter with the other. It may, however, be mentioned that the commission has already taken the preparatory steps for holding the elections.”

Then, on the basis of the above information and written undertakings both by the state government and the State Election Commission, the Ranchi High Court passed an order on September 19, 2003, directing them to hold panchayat elections in the state “in any event on or before 31.03.2004.” The High Court further stated in its order: “we fell that it is not necessary to emphasise that it is the duty of the state to see to it that the panchayat elections are held within the time as fixed by us.”

In this context, the CPI(M) has emphasised that as the preparatory process of holding panchayat elections had been completed and only dates were to be finalised, and as it was the basis of which the High Court gave its direction on September 19, 2003, the state government could not make any alteration in it.

On March 17 this year, however, both the state government and the State Election Commission made submissions before the High Court for an extension of dates beyond March 31, 2004, citing two reasons. One reason was the ensuing Lok Sabha elections at that time. The other reason given by the government was the need of delimitation of panchayats on the basis of the 2001 census report that was published only on February 24 this year. Hearing on both the applications in the court is still not complete. However, in the very first hearing, the court severely criticised the state government for not holding panchayat elections in the state on one plea or other, and directed it to submit an affidavit within 10 days, clarifying as to what it had done after the court’s order of September 19, 2003 and what it wanted to do in future. However, the CPI(M) has pointed out, more than two months have passed since then and the state government has not yet submitted its affidavit before the court, thus violating the court’s order once again.

As regards the state government’s delimitation plea, the CPI(M) has pointed out that the definition of ‘population’ as per census report, for the purpose of delimitation of electoral constituencies, is the same for Lok Sabha, Vidhan Sabhas and panchayats. Therefore, if elections could be held for the Lok Sabha and Vidhan Sabhas simultaneously with the delimitation work on the basis of the 2001 census report, the CPI(M)’s query is: why could the panchayat polls not be held in the state on the same basis, particularly when the electoral process had been initiated, preparatory work has been completed and only the dates were to be finalised? This was precisely the BJP government’s submission on the basis of which had the High Court passed its order on September 19, 2003.

The CPI(M) comment also pointed out that holding panchayat elections timely and regularly is the mandate of the constitution of India under part IX. As such, this constitutional provision cannot be counterposed to any other constitutional provision for whatever political reasons and for the expediency of the ruling party.

The CPI(M) has also recalled the fact that the governor of Jharkhand had publicly disapproved the contention of the Arjun Munda ministry on the postponement of panchayat elections. The CPI(M) is of the firm view that panchayat elections must be held on the basis of High Court order of September 19, 2003, and that delimitation of panchayats can take place without in any way affecting the panchayat elections.

The CPI(M) has also demanded that the draft proposals for the delimitation of panchayat constituencies should be made public and views from members of the public should be ascertained before finalising the proposals and getting the governor’s assent on the same.

As for point no. 2 in the note presented by the government, the CPI(M) pointed out that the belated appointment of state election commissioner after a gap of more than 4 months, keeping the post vacant all this while, affected the work of panchayat elections as well as of the Delimitation Commission of India. It also showed the negligence on part of the state government regarding the holding of panchayat polls. 

As far as point 3 in the government’s note in respect of gram sabhas is concerned, the note betrayed an attempt on part of the government to segregate the gram sabhas from panchayats while, as per the Jharkhand Panchayati Raj Act 2001, a gram sabha is part of a panchayat. Through the proposal, there is an attempt by the government to make gram sabhas function parallel to panchayats.

Since September 2003, government officers and employees have been holding gram sabha meetings, which is beyond their jurisdiction. Gram sabhas will come into existence only after notification in the district gazettes, which the government has failed to do to date.  Further, a gram sabha’s meeting can be convened and conducted only by an elected mukhia as per section 6(ii) of the Jharkhand Panchayati Raj Act 2001. In this regard, the CPI(M) categorically said that there is no role of the government officials in democratic institutions like gram sabhas and panchayats. Yet, despite this provision of the law, the BJP government has proposed that gram sabha meetings should be convened and conducted by officials.

Further, the CPI(M) drew the state government’s attention to point IV of the circular of the Delimitation Commission of India dated March 17, 2004, which directed all the state governments not to bring about any change in the set-up of administrative units from panchayats to districts, as was existing before February 15, 2004. Hence any attempt to change the present set-up of administrative units including panchayats, will contravene the order of an authority under the constitution of India.

The CPI(M) has charged the state government that, by not holding panchayat elections in the state, it is depriving the people of Jharkhand of thousands of crores of rupees from central assistance meant for panchayats. At the same time, it is also depriving the womenfolk of Jharkhand of their rights and empowerment as one third of the seats in these bodies are reserved for them. This act of the state government is also depriving the people of their democratic rights including the right to participate in the rural developmental activities.

Under these circumstances, the CPI(M) has categorically pointed out that there is no justification for the Arjun Munda government of not holding panchayat elections in the state. This BJP government of the state is, according to the CPI(M), responsible for violation of provisions of the constitution and of the High Court order, apart from ignoring the governor’s advice and also the demand constantly raised by opposition parties and the people of Jharkhand. (INN)