Amendment likely to ensure panchayat polls

By Gargi Parsai

NEW DELHI, OCT. 16. The Government may move a separate Constitutional Amendment Bill to make it statutory for all States to hold Panchayat Raj elections, removing all scope for postponement. A political consensus would be evolved on the issue, the Rural Development Minister, Mr. Venkaiah Naidu, told The Hindu here.

Taking serious note of the fact that seven States are yet to hold elections to panchayats under the 73rd Constitutional Amendment Act, Mr. Naidu said rural development funds are linked to panchayats and the Prime Minister, Mr. Atal Behari Vajpayee's declaration that gram sabha should be the focal point in villages is possible only if there are elected members to the panchayats.

``If not political elections, then States can have a non- political election; we have no objection. But elections must be held,'' Mr. Naidu said after reviewing the situation with Ministry officials. He said he would soon be writing to the defaulting States to take immediate steps.

At least seven States have delayed or postponed elections to the panchayats on one pretext or the other, despite it being mandatory under the Constitution to hold elections to panchayats. These include Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Gujarat, Pondicherry and Delhi. In Punjab, elections have been held partially. Each State has given peculiar reasons for delaying, postponing or denying people the right to have devolution of power through elected panchayats. The Ministry has taken serious objection to the denial of the right to contest by women candidates in 2000 panchayat constituencies in Haryana in elections held in March due to ``incorrect'' interpretation of the 73rd Constitution Amendment Act. The State has rounded off 33 per cent reservation for women in panchayats to 30 per cent, thereby cutting down the reservation for women by three per cent on its own in the State Panchayat Act, as a result of which 2,000 less women representatives got elected to gram panchayats. This renders the March panchayat elections illegal.

The Ministry of Rural Development has asked the State to hold by- elections to complete the quota of women who should be in position under the Act.

Punjab and Andhra Pradesh have delayed elections to follow their own agenda on the ground. Orissa has held the elections without giving the Adivasis the right under the Scheduled Areas Act thereby denying a whole lot of Adivasis their rightful place in the panchayats.

Punjab should have held elections to the intermediate and district panchayats in 1999. But the State brought an amendment in the State Panchayati Raj Act calling for a 60:40 ratio of the directly elected representatives of sarpanchs and directly elected members of the members of gram sabhas, which is unconstitutional.

Andhra Pradesh, too, has delayed elections which fell due in May this year citing some reason or the other. First, it was the drought. Then, it was the 87th Constitutional Amendment Bill moved by the Chief Minister, Mr. Chandrababu Naidu, to do away with the intermediary level of panchayats. Although the 73rd Constitution Act is in place, and should be adhered to, the State has embroiled the matter by raising a demand that it is using its clout at the Centre, being a coalition Government partner from outside. The State has not held elections in the Adivasi areas too saying the matter was sub judice.

Assam has been also been postponing elections since 1997. First, it was the budget session. Then it was the monsoon season. Then, law and order. Finally, the Ministry of Rural Development sought the opinion of the Home Ministry on this excuse and the latter opined that panchayat elections could be held. The State has assured panchayat elections in October.

Pondicherry has not held elections as the matter relating to provisions pertaining to reservation for backward classes is sub judice, on the lines of Tamil Nadu. But the Madras High Court had passed orders making it possible to hold elections, and Pondicherry has also filed for a clarificatory order to enable it to hold elections.

The bottomline is, each State is trying to subvert the Constitution to protect the interest of the MLAs and MPs. As it is, the Central funds are still routed through the DRDAs and do not go directly to panchayats as was conceived in the Act defeating the principle of devolution of funding and powers.

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