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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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