4JAMMU, March 01: The Jammu and Kashmir Local Bodies Dedicated Backward Classes Commission which submitted its report to Chief Secretary Atal Dulloo yesterday has mentioned Local Bodies-wise data of Other Backward Classes (OBCs) to the Government which ranged from virtually negligible to 50 percent and has favoured reservations to them in proportionate to their population in both urban as well as rural local bodies, the elections to which have been due by more than a year now.
The Commission headed by Justice (Retired) Janak Raj Kotwal and comprising RK Bhagat, a retired IAS officer and Dr Mohinder Singh Bhadwal, former Dean SKUAST Jammu, is understood to have submitted data of OBCs population every Panchayat and Municipality-wise in its report to the Government which will help the Rural Development and Panchayati Raj Department to determine reservations for the OBCs in Panchayats as well as Municipalities.
There are over 4200 Panchayats and nearly 80 Local Bodies, two of them Corporations (Jammu and Srinagar), in Jammu and Kashmir and all of them are lying defunct for more than a year due to delay in the elections. The delay in polls was caused as the Central Government by an act of Parliament gave reservations to the OBCs in rural and urban local bodies in Jammu and Kashmir.
Sources said the Commission used the data made available to it by all 20 Deputy Commissioners in Jammu and Kashmir. On the basis of data and population of OBCs mentioned in it, the Panel has prepared its report every Panchayat and Municipality-wise and recommended reservations to the OBC accordingly.
Excelsior had earlier exclusively reported that the Panel is likely to recommend reservations to OBCs in proportionate to their population and that in no case the total reservations in local bodies should exceed 50 percent.
Sources said the Commission has invoked legal provisions available before it to recommend reservations to OBCs in Panchayats and Municipalities based on their population. They explained that the Panel studied the Apex Court guidelines and other legal provisions available before it to give its recommendations.
Since some castes have been added to list of the OBCs, their population in some of the Local Bodies has gone up to even 50 percent. However, there are few bodies where population of the OBCs is virtually negligible.
Besides relying on data made available to it by the Deputy Commissioners, the Panel chairman and two members also visited different parts of Jammu and Kashmir to interact with stakeholders and take their viewpoint besides examining the data on ground.
The Commission is reported to have recommended that in no case the reservations to SCs, STs, OBCs and women should cross 50 percent which means half of the seats in Panchayats, Municipalities, BDCs and DDCs will remain open for general category candidates.
In case, percentage quota reaches 50 pc in a local body with women, SCs and STs; the OBCs will not get reservation in that body as SCs and STs have been given reservations by Constitutional provision and OBCs by statutory provision, the Panel suggested.
There has been 33 percent reservation to women in all local bodies which includes SC and ST Women. SCs and STs have also been given reservation in proportionate to their population.
In Government jobs and educational institutions, the Government has given eight percent reservation to the OBCs.
Because of the reservations to OBCs for the first time in these bodies in Jammu and Kashmir, elections to Panchayats and Municipalities, which were due to be held in October-November, 2023 have been delayed.
The Municipalities, Panchayats and BDCs are now without elected members for more than one year. While term of the Municipalities ended in October-November 2023, the Panchayats completed their tenure on January 9, 2024. Since term of the BDCs was co-terminus with the Panchayats, they too ceased to exist when five-year tenure of the Panchayats ended.
However, the District Development Councils whose elections were held for the first time in Jammu and Kashmir in December 2020 have their term till January 2026.
The OBC Commission was set up on June 11 last year by the UT Government to determine percentage for the OBCs in Panchayats and Municipalities while the Chairman and Members were nominated on July 31.
Report of the Commission will now clear decks for conduct of elections to Panchayats and Municipalities followed by the BDCs.
