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U.P. Govt.-SEC controversy over panchayat polls
By J. P. Shukla
LUCKNOW, APRIL 14. The Uttar Pradesh panchayat elections have
been bogged down in an unseemly tug of war between the State
Election Commission and the State Government. While the
Commission insists that its primary objective is to complete the
election process by May 11 as directed by the Allahabad High
Court, the State Government is determined to complete the process
of rotation in reservation which, according to Constitutional
provisions, is its prerogative, before the elections are held.
And the executive officers in districts are obviously confused in
the face of this confrontation.
The State Government had earlier issued an ordinance to defer the
elections for six months. The ordinance was,however, struck down
by the Allahabad High Court which directed that the elections be
held on time.
The State Government has since gone in an appeal to Supreme Court
and the matter is fixed for final hearing on April 17.
The State Election Commission, in the meanwhile, announced
detailed programmes to conduct elections in compliance with the
High Court directive. The ruling Bharatiya Janata Party has,
however, questioned the ``overenthusiasm'' of the State Election
Commissioner, Mr. Yashpal Singh, in ordering the elections
without giving a chance to complete the process of delimitation
of constituencies and rotation of reservations.
While the State Government, exercising its Constitutional powers,
has issued fresh orders for the reservation and rotation of
constituencies, Mr. Yashpal Singh said elections could be held
even without implementing the new reservation policy of the
Government, a stand questioned by the BJP leaders.
According to the UP BJP President, Mr. Om Prakash Singh,
unreasonable reservations were made for political reasons in the
last panchayat elections in the State in 1995.
The present State Election Commissioner, Mr. Yashpal Singh, was
then the Secretary to the Department of Panchayati Raj. He was
himself responsible for introducing this erratic reservation
policy to help the Samajwadi Party. By showing his enthusiasm to
abide by the High Court directive, he was simply trying to
perpetuate the wrong, said a BJP leader.
For example, BJP leaders said, in three development blocks there
was 100 per cent reservation last time. In 27 blocks the
percentage of reservation was between 71 and 99 while in 467
others, between 51 and 70. In the rest of 404 blocks 50 per cent
reservation had been allowed.
If rotation in reservation was not effected and elections were
held on the pattern of 1995, some contestants would have to wait
for 40 years to contest elections.
Mr. Om Prakash Singh said technically it might be difficult to
complete the task of delimitation of constituencies within a
period of a few weeks but rotation of reservations could be done
immediately. This would remove the unjust reservation policy of
1995 and also enable the Commission to complete the process of
elections within time.The State Government has already issued an
order on Wednesday to complete the process of rotation of
reservations prior to the polls.
The Commission had forwarded the guidelines to the district
magistrates with a directive to implement the same by April 16.
The Commission has, however, added that if the formality of
rotation could not be completed within the period, elections
should be held on the basis of old reservations.
There are chances that the Government directive is implemented in
some districts where as it remains unimplemented elsewhere. In
that case a serious anomaly would arise and the situation would
open a flood gate for litigations.
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