People's Democracy

 Holding Panchayat Elections In Jharkhand

                                                     High Court Directs State Govt To Inform Date

A DIVISION BENCH of the Ranchi High Court, comprising the chief justice and Justice R K Merathia, has directed the state government of Jharkhand to inform the High Court of the date for holding panchayat elections in the state.

In a public interest litigation case, WP(PIL) No. 3270 of 2003, filed by Rajendra Singh Munda, member of the state secretariat of CPI(M), the division bench heard the argument on July 30, 2003, and passed the order directing the government’s counsel to get instructions from the government and inform the bench about the probable dates for holding the panchayat election in the state. The petition is posted for admission on August 20, 2003.

The petitioner Rajendra Singh Munda had urged the court to pass an order directing the BJP government of Jharkhand to immediately hold the panchayat elections in the state and to enforce the mandate of the constitution as enshrined in its Part IX. In his petition, Rajendra Singh Munda had raised certain points of law. These were as below ---

1) Whether the government of Jharkhand is not duty bound to hold panchayat elections to fulfil the constitutional mandate?

2) Whether not holding panchayat elections does not amount to depriving the citizens of the state from their rights regarding the functioning of grass roots democracy?

3) Whether not holding panchayat elections, after announcing a date for them on May 8, 2002, and extending the date again and again, was not against the spirit of democracy and natural justice?

4) Whether the citizens of the state were thereby not getting deprived of various development and welfare funds under different schemes to be implemented by the gram sabhas?

The petitioner had also pointed out that the panchayati raj system is one of the most essential and effective ways for empowerment of the villagers.

The petitioner had pointed out that gram panchayat elections were not held after 1978 due to the negligence on part of the government of Bihar and then of the state government of Jharkhand. He pointed out that the 73rd amendment to the constitution had made panchayati raj a part of the constitution of India under article 243 and now it is a part of the entire system of democratic institutions guaranteed by the constitution. The constitution invests the gram sabhas and their governing bodies (gram panchayats) with certain powers, authorities and responsibilities. Holding panchayat elections is the responsibility of the state election commission appointed by the governor.

In his petition, Rajendra Singh Munda also pointed out that already the Patna High Court had, in its order, stated that by not holding panchayat elections and thereby not creating the gram sabhas, the state was shirking its constitutional obligation and denying the people of their constitutional rights. He further pointed out that though Jharkhand has already enacted its panchayat act 2001 and constituted the state election commission and though the latter had informed its preparedness for holding panchayat elections in the state by May 8, 2002, the state government was not holding these elections.

ON REVIVAL PACKAGE FOR HEC

THE Jharkhand state secretariat of the CPI(M) has welcomed the initiative of the Arjun Munda government for revival of the HEC and its protection as a central public sector unit. The secretariat noted the assurance given by the prime minister to the chief minister of Jharkhand about taking immediate steps for revival of the HEC.

The case of the HEC is now pending with the Board of Industrial and Financial Reconstruction (BIFR). In absence of a revival package from the central government, the BIFR had appointed the Industrial Development Bank of India (IDBI) for selling off the HEC to private industrialists, for which a public notification has already been issued by the IDBI.

The CPI(M) is of the opinion that in such a situation the central government must immediately approach the BIFR and submit a review petition to it, and then submit a total revival package for the HEC. Only then can the HEC be protected as a public sector unit, the CPI(M) felt. Associating the HEC with the defence ministry, as proposed by chief minister Arjun Munda, can be done only later, after the HEC is brought out of the BIFR’s jurisdiction. For that, the responsibility lies with the central government, the CPI(M) noted.

The party also warned that if the central government fails to do so, it will be considered as only a hoax and a political game plan, designed to hoodwink the people before the ensuing Lok Sabha elections.

The CPI(M)’s state secretariat expressed the hope that chief minister Arjun Munda would take up this matter more seriously with the prime minister, and ask for immediate submission of a revival package for the HEC by the central government. (INN)