Srinagar: Chief Electoral Officer (CEO), J&K has written a letter to the Housing and Urban Development Department to change Election Authority from CEO to the State Election Commission (SEC) for conduct of Urban Local Bodies (ULBs) elections.
It also sought ensuring that 50 percent upper ceiling of vertical reservation is not breached while granting reservation to Other Backward Classes (OBCs) and hold delimitation to sort out discrepancies in number of electorates in JMC, SMC and other bodies which have been pointed out during objections sought by his office.
Both Panchayat and Municipal elections are conducted by the State Commission in other States and UTs. However, in Jammu and Kashmir, Panchayat polls are held by the SEC, presently headed by BR Sharma, while Municipal polls are conducted by the CEO, who is also the Authority for holding Parliamentary and Assembly elections.
Recently, the opposition parties stated protest over holding of Municipal polls by the CEO, saying it is task of the SEC.
“Consequent to the appointment of a full-time SEC in J&K, the mandate to conduct Municipal electoral processes needs to be transferred from CEO to SEC. For this, the Election Authority under the Municipal Acts needs to be changed from Chief Electoral Officer to the State Election Commissioner,” a letter written by the CEO J&K’s office to the Principal Secretary, Housing and Urban Development Department, said,.
It said the Constitutional provisions also mandate that the Election Authority under the Municipal Acts needs to be changed from CEO to SEC. While making other amendments in the ULB Acts, this may also be done so as to make it in consonance with the Constitutional provisions, the letter reads.
On reservation to OBCs, it said many representations were received demanding reservation for OBCs in the ULBs in consonance with the Constitutional provisions under Clause 6 of the Article 253 which read: “Nothing shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens”.
However, the letter said, the upper ceiling of 50 percent of vertical reservation in favour of SC/ST/OBCs shouldn’t be breached in the context of local self-Government. Exceptions can only be made in order to safeguard the interests of Scheduled Tribes in the matter of their representation in Panchayats located in the Scheduled Areas.
“The reservation of Chairperson posts in the manner contemplated by Article 243-D (4) and 243-T (4) is Constitutionally valid. These Chairpersons posts can’t be equated with solitary posts in the context of public employment, the letter said adding, if reservation has to be made in favour of OBCs then corresponding amendments in the Municipal Acts and Rules are required.

KR Desk