People's Democracy

 JHARKHAND

 HC Directs State Govt To Hold Panchyat Polls

HAVING heard the petition of Rajendra Singh Munda, state secretariat member of the Communist Party of India (Marxist), in case No W P (PIL) No 3270 of 2003 praying for holding panchayat election in Jharkhand, the Jharkhand High Court on September 17, passed an order to the state election commission to complete panchayat elections in Jharkhand within March 31, 2004. The direction was also given to the government Jharkhand to take necessary steps in this regard.

In a statement issued on the day by its state secretary, J S Majumadar, CPI(M)’s Jharkhand state committee welcomed the decision of the Jharkhand High Court. Though the CPI(M) expected earlier dates for holding panchayat elections in the state, but on the pleading of the government’s counsel the High Court gave maximum time to hold panchayat elections by March 31, 2004.

The case was heard by the division bench consisting of Chief Justice P K Balasubramanium and Justice R K Merathia.

It may be recalled that in the affidavit on behalf of the state government submitted to the Jharkhand High Court on August 20, 2003 the government stated had that it was ready to hold panchayat elections in the state and that only the election dates were to be finalised by the state election commission in consultation with the state government.

Later on, the High Court directed the state election commission to submit an affidavit giving the election dates after consulting the state government and the date was fixed for hearing on September 17. In the affidavit the state election commission submitted on September 17, 2003, it informed the court that vide their letter No 390 dated 14/3/2002 the election commission recommended to the government to hold panchayat elections in the state from April 2, 2002 to June 2, 2002. However, the state government failed to reply to the state election commission and only on October 23, 2002, by its letter 1203, the state government requested the state election commission to fix up a fresh set of convenient dates. In reply the state election commission once again wrote to the government a letter, No. 1245 dated October 28, 2002, recommending fresh set of dates for holding panchayat elections from January 6, 2003 to March 6, 2003. Once again however, the state government failed to reply to the state election commission’s letter. The government once again wrote on June 14, 2003 vide its letter 698 requesting the election commission to fix up another set of dates for holding panchayat elections. This time the election commission, vide its letter 621 dated June 16, 2003, replied to the government and requested the government to suggest the dates. Obviously the state government was ignoring the repeated recommendations of the state election commission for giving dates for panchayat elections. Every time the government they ignored the election commission recommendations. Hence the election commission asked the state government to fix up the dates and inform the state election commission. The election commission even lamented in its affidavit that, till date, the state government had not cared to reply to its letter of June 16, 2003.

From the above it will be clear that, despite all preparations for holding panchayat elections, it was the state government that was not interested in holding elections and has been stalling the election for political reasons. Their the state government had been failing to fulfill its constitutional obligations for narrow partisan interests of the ruling party.

The CPI(M)’s, Jharkhand state committee has held the BJP led government of Jharkhand fully responsible for depriving the people of Jharkhand of their constitutional rights and developmental activities connected with panchayats.

It is only because of the Jharkhand High Court’s intervention and the pleading by CPI(M) state secretariat member Rajendra Singh Munda that a time limit for holding panchayat polls in the state, by March 31, 2004, has how been set. The High Court’s directive to the state government has come as a big victory to the CPI(M) that has been for years fisting for their constitutional right of the Jharkhand people. (INN)