Srinagar, Oct 16: A query raised by the Governor NN Vohra on Tuesday over the crucial ordinance seeking cancellation of Block Development Council (BDC) polls sent the entire government machinery into a tizzy forcing them to prepare a reply on war-footing.
The query, according to reliable sources, was replied within no time to clear the decks for issuing the ordinance. Reliable sources said the ordinance was forwarded to the Governor soon after it was approved in the state cabinet on October 15.
According to sources, Governor’s contention was that the cabinet could have cancelled the notification issued for the conduct of BDC polls without bringing in the ordinance.
“However, this contention was not legally tenable,” official sources said.
They said the government responded to Vohra’s query immediately stating that since there was a need to amend the law and that the cancellation of already announced election process was not possible without an ordinance.
“After studying the government reply, the Governor approved the ordinance which was immediately notified by the government,” sources said.
Law and Parliamentary Affairs Minister, Ali Muhammad Sagar said the Governor, has a right to raise queries. “But the ordinance has been cleared now. There is no issue as of now,” the Minister said. Seconding Sagar, Law Secretary Ghulam Hassan Tantray said the ordinance has been issued.
A senior official in the Law department, said, on condition of anonymity, that the Governor’s contention that the cabinet alone could have announced cancellation of BDC polls was tenable. “An ordinance to cancel the BDC polls is a must keeping in view the legalities,” he said.
The ordinance, a copy of which lies with the Greater Kashmir, reads an ordinance be promulgated by the Governor to cancel the notification regarding general elections for the chairman of BDC under J&K Panchayati Raj Act, 1989.
“The ordinance may be called J&K cancellation of general elections of chairman BDC ordinance, 2012,” it reads. “It shall come into force at once (immediately).”  The Chief Electoral Officer of J&K had already announced BDC polls to be held across the state on November 7. The results also were to be declared the same day.
According to sources, conduct of BDC polls won’t be possible now before 2014 as so many procedures including delimitation of constituencies for SCs, STs and Women have to be undertaken before announcing the new dates.

Lastupdate on : Tue, 16 Oct 2012 21:30:00 Makkah time
Lastupdate on : Tue, 16 Oct 2012 18:30:00 GMT
Lastupdate on : Wed, 17 Oct 2012 00:00:00 IST