PM Modi petitioned on Manipur ADC issue
Source: Chronicle News Service / Newmai News Network
Imphal, December 28 2022:
The Ex-ADC Members' Forum of Manipur has apprised Prime Minister Narendra Modi to hold elections to the Autonomous District Councils in Manipur without further delay.
The Forum submitted the memorandum to the Prime Minister in New Delhi on December 22 .
In the memorandum, the forum said that Autonomous District Councils (ADCs) of Manipur are neither in the 5th Schedule nor in the 6th Schedule of the Constitution of India but were established in the hill areas under the Manipur (Hill Areas) District Councils Act, 1971 to provide a separate scheme for the administration of "Hill Areas" with regard to primary schools, public health, sanitation, land and forest, market, etc.
The ADCs are also vested with legislative powers for administrative and welfare services including development and economic planning, said the memorandum of the forum to the Prime Minister.
The forum recalled that the last elections to the ADCs for the tenure 2015-2020 were held on June 1, 2013 and the tenure ended on May 31, 2020.Since then, the state government has failed to conduct ADC elections till date for reasons unknown.
The failure to conduct the ADC elections even after two years is an act of suspension of democratic process and suppression of constitutional rights of the "hill tribal people of the state" which is granted under Article 371C of the Constitution of India, said the memorandum.
While pointing out that the Hill Areas Committee (HAC) had recommended for holding of the ADC elections on time on October 8, 2020 and again on April 12, 2021, the Forum said delay in holding the elections has not only negatively affected the development prospects in the hill areas but also gravely degenerates the democratic institution of local self-government in the hill areas of Manipur.
"We feel that non-hold ing of ADC elections has the potential of creating more divide between the hills and the valley' in Manipur," said the ex-ADC members.
It may not be wrong to say that most of the develop mental activities in all fields and aspects are concentrated in the valley by the successive state governments keeping the hill areas far behind which is generating displeasure amongst the tribal people of the state, charged the tribal leaders and added that absence of ADC members for taking up developmental activities in the hill areas is one of the factors for such disparity.
The forum then quoted the Supreme Court what the latter had said about delay in conducting local body elections in the context of Madhya Pradesh in 2022."Noting that years of delay in conducting elections to over 23,000 local bodies in Madhya Pradesh 'borders on the breakdown of the rule of law', the Supreme Court on May 9, 2022 declared that State Election Commissions across the country cannot skip its constitutional obligation to conduct polls to local bodies every five years".
It may not be wrong to say that most of the developmental activities in all fields and aspects are concentrated in the valley by the successive state governments keeping the hill areas far behind which is generating displeasure amongst the tribal people of the state, charged the tribal leaders and added that absence of ADC members for taking up developmental activities in the hill areas is one of the factors for such disparity.
The forum then quoted the Supreme Court what the latter had said about delay in conducting local body elections in the context of Madhya Pradesh in 2022 .
"Noting that years of delay in conducting elections to over 23,000 local bodies in Madhya Pradesh 'borders on the breakdown of the rule of law', the Supreme Court on May 9, 2022 declared that State Election Commissions across the country cannot skip its constitutional obligation to conduct polls to local bodies every five years".
According to the forum, a bench led by Justice AM Khanwilkar, in a judgment, said election commissions cannot reel out grounds like ongoing delimitation or formation of new wards to delay elections where it was due or even overdue.
"Ongoing activity of delimitation or formation of ward cannot be a legitimate ground to be set forth by any authority, much less the State Election Commission, to not discharge its constitutional obligation in notifying the election programme at the opportune time and to ensure that the elected body is installed before the expiry of the five-year term of the outgoing elected body," the Supreme Court held.
Moreover, the Manipur High Court was pleased to dispose the writ petition vide Order dated 02-03-2021 with the direction that, 'The State Election Commission, Manipur is directed to an nounce the date on which the election of the District Councils shall be held within a week from the date of receipt a copy of this judgement and order' .
However, no positive action was taken by the Manipur State Election Commission till date, the forum added.
The Forum then said that it was of the considered views that the state government is delaying the elections to ADCs of Manipur on one pretext or the other.
The forum wanted that the state government "takes the local bodies seriously by conducting elections on a regular basis" .
The forum further said that two years' gap without holding ADC elections is a serious matter of concern for the tribal people of the state.
"We want the local self-government to be functional in a true spirit of democracy.
It is in this context that, we earnestly appeal to you and your government at the centre to kindly intervene in the matter and give necessary suggestions and advice to the Manipur state government to conduct the ADCs elections at the earliest," the memorandum of the forum to the Prime Minister maintained.
It also said that a similar memorandum was submitted to union Home minister Amit Shah recently.
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