After giving assurance to the Supreme Court, the Central Government has started preparations for holding elections in Jammu and Kashmir. There is a possibility that elections can be held here soon.
In fact, the Chief Electoral Officer (CEO) of Jammu and Kashmir has urged the Housing and Urban Development Department to make changes in the election authority for conducting the Urban Local Body (ULB) elections. The CEO has requested that this responsibility be removed from the CEO and handed over to the State Election Commission (SEC). This change is proposed to ensure that the upper limit of vertical reservation, which is fixed at 50 per cent, is not exceeded while granting reservation to Other Backward Classes (OBCs). Additionally, the Office of the CEO has stressed the need for delimitation to remove discrepancies in the number of voters in JMCs, SMCs and other local bodies, as identified during the objections raised by the Office of the CEO.
In various States and Union Territories, both Panchayat and Municipal elections are administered by the State Commission. However, in Jammu and Kashmir, the SEC, presently under the leadership of BR Sharma, oversees Panchayat polls, while Municipal elections are conducted by the CEO, who also serves as the Authority for parliamentary and assembly elections. This arrangement has recently sparked protests from opposition parties, who argue that Municipal polls should fall under the purview of the SEC.
The CEO’s office has articulated the necessity for the Municipal electoral processes to be transferred from the CEO to the SEC following the appointment of a full-time SEC in J&K. To effect this change, the Election Authority, as outlined in the Municipal Acts, should be shifted from the Chief Electoral Officer to the State Election Commissioner, in compliance with constitutional provisions.
Regarding reservations for OBCs, the CEO’s letter highlights the reception of numerous representations seeking OBC reservations in ULBs in accordance with Clause 6 of Article 253, which allows State legislatures to provide for reservations in Municipalities in favour of backward class citizens. However, the letter emphasizes that the upper limit of 50 percent vertical reservation for
SC/ST/OBCs should not be exceeded in the context of local self-government, except when safeguarding the interests of Scheduled Tribes in Panchayats situated in Scheduled Areas. It further notes that the reservation of Chairperson positions in the manner contemplated by Article 243-D (4) and 243-T (4) is constitutionally valid, and if reservations for OBCs are to be implemented, corresponding amendments in the Municipal Acts and Rules are necessary.
The letter also highlights significant disparities in electorates across various Wards in JMC, SMC, and other Councils and Committees, prompting a call for a fresh delimitation exercise to address the skew in representation strength.
