||Black and White Digital News||

||October 14, 2024||

Jammu : In a dramatic twist ahead of the new council of ministers’ swearing-in, a legal storm is brewing over the election results for nine seats reserved for Scheduled Tribe (ST) members in Jammu and Kashmir. The Gujjar and Bakerwal communities, representing a significant tribal demographic, have raised serious constitutional concerns, declaring the election of Pahari-speaking tribe members to these seats a violation of their rights and constitutional provisions.

The heart of the controversy lies in the recent decision by the Election Commission of India (ECI) to permit Pahari-speaking individuals to contest elections on seats reserved for ST communities. Historically, these seats were set aside for Gujjars and Bakerwals, recognized as STs under the 1991 declaration. However, following the inclusion of new communities under the ST category in 2024, the Gujjar leadership argues that this change is unconstitutional without an updated census.

Gujjar Leaders Cry Foul Over ST Reservation Policy: Mohammad Anwar Choudhary, chairman of the All Jammu and Kashmir Gujjar-Bakerwal Coordination Committee, voiced the community’s outrage, claiming that the ECI’s decision undermines their political representation. “Allowing members of the Pahari-speaking tribe to contest on seats reserved for ST communities is a direct violation of the constitution. The 2011 census cannot be used to justify granting ST status to new communities without due consideration for existing rights,” Choudhary asserted.

The contested seats include key constituencies such as Surankote, Mendhar, Budhal, Thanamandi, Rajouri, Gulabgarh, Kangan, Kokarnag, and Gurez. Gujjar leaders argue that these areas, historically reserved for their community, have now been opened to candidates they deem ineligible under the ST status, creating an uneven playing field.

Memorandum to Lieutenant Governor Demands Action: In a show of defiance, Gujjar organizations submitted a memorandum to Lieutenant Governor Manoj Sinha, urging him to halt the oath-taking ceremony of the nine MLAs elected from the disputed constituencies. The memorandum demanded a thorough scrutiny of election records, alleging that the Chief Electoral Officer and District Election Officers had failed in their duty by allowing ineligible candidates to file nomination papers.

“We will not allow this gross violation of constitutional provisions to stand. The Gujjar community demands justice and fairness. We urge the government to stop the oath administration of these elected members until the matter is properly investigated,” Choudhary emphasized.

Gujjars Threaten Legal Recourse :The Gujjar and Bakerwal communities have not ruled out the possibility of escalating the matter legally. Should their demands remain unaddressed, Choudhary confirmed that they are prepared to take their grievances to the High Court and, if necessary, the Supreme Court. “Our community will fight for its rights through all available legal channels. The government cannot turn a blind eye to the violation of constitutional safeguards meant to protect our representation,” he declared.

The inclusion of additional communities under the ST umbrella, with a separate 10% reservation, has further complicated the issue. Gujjar leaders argue that the lack of a fresh census creates an unfair advantage for the newly recognized ST communities, calling into question the legitimacy of the elections held in these reserved constituencies.

What Lies Ahead?

As the date for the swearing-in ceremony remains undecided, the legal and political drama surrounding these nine constituencies continues to unfold. The Gujjar and Bakerwal communities, long reliant on these reserved seats for their political representation, feel marginalized by recent developments. Their strong stance has now put the government on the defensive, and all eyes are on how Lieutenant Governor Manoj Sinha and the judiciary will respond to these growing demands.

For now, the controversy has cast a shadow over the upcoming oath-taking ceremony, leaving the fate of the nine disputed constituencies hanging in the balance. Whether this issue will be resolved before the new ministers take their oaths remains to be seen, but one thing is certain: the Gujjar and Bakerwal communities are determined to have their voices heard, even if it means taking the fight to the highest courts in the land.