An “Election” that was never held !

“Elections” for Urban Local Bodies (ULB) in J&K have just concluded. According to Chief Electoral Officer the polling percentage in four phases of elections across state was recorded around 35 %. This was below 7 % in Kashmir valley which includes Srinagar city, three municipal councils of Baramulla , Sopore and Anantnag and more than 3 dozen municipal committees. Mere 6.2 % people came out to vote in the 1st phase of elections in Srinagar. This figure further came down to less than 3 % in three other phases. On the other hand in Jammu region, the average polling percentage was more than 65 %.  Both factions of Hurriyat Conference had given a boycott call.

Interestingly National Conference (NC) and Peoples Democratic Party (PDP) also decided not to participate in these elections. They say the call for the boycott was fiddling with Art 35 A, but actually their own party workers were not ready for these elections as militant groups have threatened people not to participate in the ULB and Panchayat elections. On the other hand lot of enthusiasm was seen among the people in Jammu and Ladakh regions.

   

People are clearly divided in state on communal and regional lines. In the muslim dominated districts of Jammu region the polling percentage during recent municipal elections was very huge especially in Rajouri town. Muslims living in this town believe that if they won’t participate in the elections, BJP’s candidate could be the next Chairman of  Municipal Committee Rajouri. Similar feelings are seen in Poonch , Doda , Kishtwar , Baderwah areas. 

I have personally come to this conclusion that for majority of the population in state, especially people living in 10 districts of Kashmir valley the elections held at this point of time have being thrusted upon them. On contrary the election which was to decide the future of Jammu & Kashmir state including the part under Pakistani control has never been held inspite of several assurances given by Govt of India.  

Plebiscite debate in Parliament   

Political opponents of Pandit Nehru have been accusing him of taking Kashmir issue to United Nations, but there are several leaders of Indian freedom movement who gave this assurance to people of Jammu & Kashmir from the floor of the house (Indian Parliament). On May 27th 1949 during his speech before Constituent Assembly Mr N Gopalaswami Ayyangar who was the member of drafting committee of Indian constitution and a senior Cabinet Minister in Pandit Nehru’s Government said ” No doubt , we have offered to have a plebiscite taken when the conditions are created for holding of a proper , fair and impartial plebiscite. But the plebiscite is merely for the purpose of giving the people of the state the opportunity of expressing their will , will be only in the direction whether they would ratify the accession that already has taken place. But if the plebiscite produces a verdict which is against the continuance of accession to India of the Kashmir state , then what we are committed to is simply this, that we shall not stand in the way of Kashmir separating herself away from India” (Constituent Assembly Debates V-8 Page 357)

UN security council resolution 47 

During its 286th meeting, on 21 April 1948, the UN Security Council adopted following resolution:

“The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out. The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the accession of the State to India or Pakistan. The Government of India should undertake that there will be delegated by the State to the Plebiscite Administration such powers as the latter considers necessary for holding a fair and impartial plebiscite including, for that purpose only, the direction and supervision of the State forces and police. The Government of India should, at the request of the Plebiscite Administration, make available from the Indian forces such assistance as the Plebiscite Administration may require for the performance of its functions. The Government of India should agree that a nominee of the Secretary-General of the United Nations will be appointed to be the plebiscite administrator “. 

Conclusion 

In order to hold free and fair elections for determining the future of Jammu & Kashmir,  UN on December 31st 1948 appointed Admiral C W Nimitz the formal US Naval Chief as Plebiscite Administrator. The terms of the plebiscite were that Pakistan would vacate regions of Kashmir under its control, and that India would remove additional military from Kashmir. But due to disagreements between the two regarding demilitarization, the plebiscite is still pending. Pakistan apprehended that Indian forces would capture Muzaffarbad if they withdrew forces from areas of Kashmir under its control.  B L Sharma in his book “The Kashmir Story” accuses Pakistan of avoiding plebiscite fearing Sheikh Abdullah would have persuaded Kashmiris to vote in favour of India. India on the other hand was against appointment of Admiral Nimitz as plebiscite administrator. In the nutshell, the democratic process that would have resolved sufferings and miseries of people living in this part of the world was never ever allowed to take place. Thus from last 71 years Kashmir issue still remains unresolved…. 

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