J A M M U   &   K A S H M I R

J&K Representation Act amended
Srinagar, August 18
Jammu and Kashmir Governor Girish Chander Saxena has promulgated an ordinance by amending the Jammu and Kashmir Representation of People’s Act, 1957. The ordinance is called the Jammu and Kashmir Representation of the People (Amendment) Ordinance, 2002 (ordinance No. III of 2002).

Howlers in J&K electoral rolls
Jammu, August 18
Mr Kuldip Raj Gupta, vice-president, the BJP’s J&K unit, is enrolled in the voters list showing his age as 72. His mother Karam Devi, long dead, still exists in the electoral roll in Rajouri showing her age as 71. These are instances of a series of howlers in the electoral rolls claimed to have been revised recently.

Jawans of paramilitary forces patrol the outskirts of Jammu, near Qasim Nagar, on Saturday. — PTI

Azad promises better deal to Gujjars
Jammu, August 18
The state unit of the Congress received a shot in the arm when a sizeable section of Gujjars and Bakerwals demonstrated their preference for it in a convention here today.

A policeman examines the body of Abdul Rashid Dar, whom authorities suspect of having been a separatist militant, in Srinagar on Sunday. BSF authorities said Dar was a deputy district commander of the frontline Hizb-ul-Mujahideen militant group, and was killed in a gun battle with troops on Sunday, on the outskirts of Srinagar. — Reuters

Refugees’ body to contest poll
Jammu, August 18
The R-47, a body of refugees of 1947, has decided to field its candidates from at least six Assembly constituencies in the Jammu region to make its presence felt in the state legislature and, thereby mitigating, the problems of refugees.

PKM also for poll boycott
Jammu, August 18
The Panun Kashmir Movement (PKM) has announced that it would dissociate itself from the ensuing Assembly poll process in protest against continued raw deal being meted out to the entire displaced community by the government.

Sikh Sangat for quota in House
Jammu, August 18
The Kashmir Sikh Sangat has demanded that two seats be reserved for the Sikhs living in the Kashmir valley in the state legislature.

J&K Representation Act amended

Srinagar, August 18
Jammu and Kashmir Governor Girish Chander Saxena has promulgated an ordinance by amending the Jammu and Kashmir Representation of People’s Act, 1957.

The ordinance is called the Jammu and Kashmir Representation of the People (Amendment) Ordinance, 2002 (ordinance No. III of 2002).

Under the new ordinance, a candidate who files nomination papers for the coming Assembly elections shall have to submit an affidavit as prescribed in the ordinance in addition to other information to be furnished under the Principal Act and rule framed there under.

The ordinance has come into force from August 16 an official spokesman said here.

Under the ordinance, Section 44-B has been inserted in the main Act of 1957 after Section 44-A. Under Section 44-B (right to information), a candidate besides the information he is required to furnish under the main Act shall have also to give information, as to whether, he is accused of any offence punishable with two or more years of imprisonment in a pending case in which a charge has been framed by the court of competent jurisdiction, he has been convicted of an offence (other than any offence referred to sub-section (1) or sub-section (2) or covered in sub-section (3) of Section 24 and sentenced to the imprisonment for one year or more.

The candidate or his proposer, as the case may be, shall at the time of submitting the nomination papers to the returning officer under sub-section (1) of Section 44 also deliver an affidavit sworn by the candidate in the form set for the purpose in the schedule to the act for verifying the information specified in sub-section (1).

The returning officer shall, as soon as may be after furnishing of the information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit delivered under sub-section (2) at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.

Ordinance also prescribes the insertion of Section 83-A after Section 83 of the Principal Act, wherein every member of the legislature of the state, whether elected or nominated, shall within 90 days from the date on which he makes and subscribes an oath or affirmation, according to the form set for the purpose in the fifth schedule to the Constitution, for taking his seat in the Legislative Assembly or the Legislative Council of the state, as the case may be, furnish the information relating to the movable and immovable property of which he is the owner or a beneficiary, his liabilities to any public financial institution and to the Central Government or the state government, to the Chairman of the Legislative Council or the Speaker of the Legislative Assembly of the state, as the case may be.

The information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in the rules made under sub-section (3).

The Chairman of the Legislative Council or the Speaker of the Legislative Assembly of the state, as the case may be, may make rules for the purposes of sub-section (2).

The rule made by the Legislative Council Chairman or the Speaker, Legislative Assembly, under sub-section (3) shall be laid, as soon as may be after they are made, before the council or the Assembly, as the case may be, for 30 days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of 30 days unless they are sooner approved with or without modifications or disapproved by the council or the Assembly and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.

The Legislative Council Chairman or the Legislative Assembly Speaker may direct that any wilful contravention of the rules made under sub-section (3) by an elected candidate referred to in sub-section (1) may be dealt with in the same manner as a breach of privilege of the Legislative Council or the Legislative Assembly as the case may be.

After Section 132-A of the Principal Act, Section 132-A have been inserted under which the penalty for filing false affidavit has been prescribed.

Under the section the candidate who himself or through his proposer, with intent to be elected in an election fails to give information relating to sub-section (1) or section 44-B, or gives false information which he knows or has reason to believe to be false, or conceals any information in his nomination paper delivered under sub-section (1) of Section 44 or in his affidavit which is required to be furnished therein under sub-section (2) of Section 44-B as the case may be, shall notwithstanding anything contained in any other law for the time being in force, be punishable, with imprisonment for a term which may extend to six months, or with fine or with both.

The ordinance also made addition of the schedule to Act IV of 1957 Act after Section 170 of the Principal Act. UNI

Howlers in J&K electoral rolls
Tribune News Service

Jammu, August 18
Mr Kuldip Raj Gupta, vice-president, the BJP’s J&K unit, is enrolled in the voters list showing his age as 72. His mother Karam Devi, long dead, still exists in the electoral roll in Rajouri showing her age as 71. These are instances of a series of howlers in the electoral rolls claimed to have been revised recently. Those who examined the electoral rolls have informed the Election Commission that more than two lakh voters, long dead, still figure in the electoral rolls in various parts of the state.

What seems to have peeved several opposition leaders is the steep increase in the voters strength in some constituencies in the Jammu region. Without referring to the demographic character of some of these constituencies, the Union Minister of State for Defence, Prof Chaman Lal Gupta, has sent a communication to the Chief Electoral Officer expressing apprehensions over 38 to 40 per cent increase in voters strength in the past five years in more than 12 constituencies in the Jammu region whereas in other Assembly segments the increase was between two and three per cent.

A Kashmiri migrant, a former senior bureaucrat, does not find his name in the voters list and the name of his wife too has been deleted but his servant’s name continues in the electoral roll. He said there were several thousand Kashmiri migrants whose names did not figure in the voters list.

Mr Kuldip Raj Gupta has, after tabulating the entire voters list, found that some mischief has been committed to show an enormous increase of voters, belonging to one particular community. He said in Darhal, Rajouri, Kalakot, Poonch, Gool, Gulabgarh, Haveli, Mendhar the voters lists show an increase of 37 to 40 per cent since the 1996 Assembly poll. Whereas the percentage of increase in other constituencies has not been more than two to five.

What has amazed keen observers of the poll scene is that the voters list has shown enormous increase in the electorates of militancy-infested areas in the Jammu region and marginal increase in areas which witnessed hardly any militancy-related violence.

Another surprise for them is the way the voters strength in the Jammu region having increased by 28.56 per cent in the past five years. Against this, there has been an increase of 7.37 per cent in the Kashmir valley and 24.98 per cent in Ladakh region. These observers say that this increase has not kept pace with the increase in the population in the three regions.

As per the Census figure, the Kashmir valley has registered a 73 per cent increase in its population between 1981 and 2001 census against 60 per cent in the Jammu region. The 2001 census shows that the population in the Kashmir valley increased by 10.50 lakh during the past 20 years and in the Jammu region by over 3.50 lakh. However, the voters strength in the Jammu region increased by over eight lakh against the rise of three per cent in the Kashmir valley.

The Union Minister of State for Defence, Prof Chaman Lal Gupta, has urged the Chief Electoral Officer to look into these howlers to ensure that the BJP’s commitment of holding a free and fair poll was honoured.

He said that if Gool, Gulabgarh, Darhal, Rajouri and six other constituencies register voters increase by 38 to 40 per cent how come the strength has not been more than three per cent in 25 constituencies.

Azad promises better deal to Gujjars
Tribune News Service

Jammu, August 18
The state unit of the Congress received a shot in the arm when a sizeable section of Gujjars and Bakerwals demonstrated their preference for it in a convention here today.

The convention, organised by the Gujjar United Front, headed by Mr Anwar Chowdhary, leaders expressed concern over the way the community had been ignored over the years.

Addressing the convention the PCC president, Mr Ghulam Nabi Azad, assured that if his party was voted to power the Congress would accept the basic demands of Gujjars and Bakerwals which included grant of reservation in the state legislature and measures for their economic and political development.

Later, talking to Newsmen Mr Azad said that if the Congress was voted to power in Jammu and Kashmir, the party would take in hand measures for a suitable rehabilitation villagers uprooted from the border hamlets.

He said the Congress government would allot land at safer places on this side of the LoC and the IB where these border villagers could be permanently settled.

In reply to a question the PCC chief said that the Congress continued to favour holding of the Assembly poll in Jammu and Kashmir under Governor’s rule. Mr Azad wanted the Prime Minister to spell out the machanism he was to adopt to ensure free and fair poll in Kashmir when the NC had already started violating the poll code by ordering transfers of government officers and using government helicopter for the pre-poll campaign.

Refugees’ body to contest poll
Tribune News Service

Jammu, August 18
The R-47, a body of refugees of 1947, has decided to field its candidates from at least six Assembly constituencies in the Jammu region to make its presence felt in the state legislature and, thereby mitigating, the problems of refugees.

Addressing a meeting of the PoK refugees here today, the Chairman, R-47, Mr Balraj Bakshi, said it was surprising that the Kashmir Committee, headed by Mr Ram Jethmalani, held talks with Kashmiri separatists and excluded refugees from the parleys.

Flaying the attitude of the Central Government, Mr Bakshi said it was trying to adopt a policy of appeasement of the separatists on the one hand and on the other preferred to ignore the 1947 refugees who were the first victims of the Kashmir problem.

He stated that in all spheres of activities, economic and political, the PoK refugees have been ignored since 1947.

PKM also for poll boycott
Tribune News Service

Jammu, August 18
The Panun Kashmir Movement (PKM) has announced that it would dissociate itself from the ensuing Assembly poll process in protest against continued raw deal being meted out to the entire displaced community by the government.

The decision was taken by the PKM executive committee here today. Mr Ashwani Chrungoo, head of the organisation, presided over the meeting.

In fact the committee endorsed the decision of poll boycott taken at the convention of Pandit youths on July 13 last.

The PKM leaders said that the Chief Election Commission team had never cared to know problem of the displaced community. It said no measures had been taken to allow them to cast their votes in the constituencies from where they were “hounded out” by extremists 13 years ago.

It described electronic voting machines and polling booths for displaced persons in Jammu and Delhi as a “cosmetic exercise”.

The PKM leaders said besides economic strangulation even the Prime Minister’s relief announcement for the displaced persons has not been implemented.

Sikh Sangat for quota in House
Tribune News Service

Jammu, August 18
The Kashmir Sikh Sangat has demanded that two seats be reserved for the Sikhs living in the Kashmir valley in the state legislature.

The chairman of the Sangat, Dr Dhanwant Singh, told newsmen here today that for the past several years not a single Sikh represented the community in the state legislature. Reservation was the only way to allow the Kashmiri Sikhs to have a voice in the law making body, he added.

He said that after the massacre of Sikhs in village Chitti-Singhpora and Nehjoor Nagar in Kashmir, the community deserved a special attention from the state and Central governments.