ULB Reservation roster row: SEC slams UD dept over Census Data delay, demands immediate withdrawal of order
Photo used for indicative purpose only. Source: Internet
Shimla, July 10,
A sharp conflict has broken out between the State Election Commission (SEC) and the Himachal Pradesh Urban Development (UD) Department over the reservation roster for the upcoming Urban Local Body (ULB) elections.
In a letter written to state government, SEC has strongly objected to a directive from the UD Department to defer the reservation process, citing the unavailability of updated Census data.
Two months ago, the SEC had directed all Deputy Commissioners to complete delimitation and reservation of wards in 68 municipal bodies by July 11 and in five municipal corporations by July 15, using the 2011 Census data, as the 2021 Census was delayed due to COVID-19.
UD Department issued a letter instructing Deputy Commissioners to postpone the reservation process. “The implementation/finalization by issuance of the reservation roster for the ULBs elections shall be postponed until the latest Census data becomes available,” stated Special Secretary Saurabh Jassal.
In a strong rebuttal the same day, the SEC, through its Secretary Surjeet Singh Rathore, sent a formal communication to the Chief Secretary of Himachal Pradesh, demanding immediate withdrawal of the UD Department’s directive.
Citing Article 243P(g) of the Constitution and provisions of the Himachal Pradesh Municipal Act and Municipal Corporation Act, the letter clarified “Population as ascertained at the last preceding census of which the relevant figures have been published shall be used for the reservation purpose.”
Rathore further asserted “The latest population data of Census 2011 shall be relevant and legitimate for the reservation of seats during the ensuing elections.”
Highlighting that the powers of delimitation, reservation, and allotment of seats by rotation are vested in the State Election Commission under Section 281 of the HP Municipal Act and Section 9 of the HP Municipal Corporation Act, the SEC said “The Urban Development Department has no legal mandate to postpone the schedule issued by a Constitutional Authority.”
The SEC has asked for immediate compliance and communication regarding the withdrawal of the UD Department’s letter.
Meanwhile, the delay has cast uncertainty over the schedule of not only ULB elections but also the upcoming panchayat elections expected later this year.
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