
Congress Questions Process for Urban Local Body Elections in Jammu and Kashmir. / daily Excelsior
The Congress party has raised concerns over the process for conducting elections to Urban Local Bodies (ULBs) in Jammu and Kashmir without establishing an independent State Elections Commission (SEC) like the one already existing for Panchayats. The party argued that this approach violates the Constitution, particularly Article 243ZA, in line with the 74th Amendment of the Constitution, which is applicable to Jammu and Kashmir.
Violation of Constitutional Provisions
The Congress party, through its Jammu and Kashmir Pradesh Congress Committee (JKPCC) chief spokesperson, Ravinder Sharma, asserted that the entire process of preparing electoral rolls and supervising, controlling, and conducting elections for ULBs should be vested in an Independent Election Commission, as mandated by the Constitution through the 74th Amendment. This amendment extends to Jammu and Kashmir, particularly after the revocation of its special status and its transition into a Union Territory (UT).
Discrepancy Between ULBs and Rural Panchayats Elections
The Congress party highlighted the discrepancy in election oversight, pointing out that elections for rural Panchayat bodies are conducted under the State Election Commission, which has jurisdiction over them. However, elections for ULBs are conducted by the Chief Electoral Officer, a different election authority. This discrepancy, the party argued, is both illegal and unconstitutional and is in violation of the 74th Amendment, which should be fully applicable in Jammu and Kashmir.
Demand for Independent Election Commission for ULBs
The Congress party demanded the conduct of ULB elections under an independent Election Commission, as mandated by the Constitution. They argued that since the Constitution is supreme, any law or provisions that are inconsistent with it should be considered void and cannot be sustained.
The Congress’s questioning of the election process for ULBs in Jammu and Kashmir reflects concerns over the adherence to constitutional provisions and the need for an independent election authority to oversee these crucial local elections.
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