If the vacant posts of Mayor of Ranchi Municipal Corporation (RMC) and the State Election Commissioner suggest anything, it is how the State Government is making mockery of democratic institutions and constitutional provisions with impunity. The Government is yet to make appointment to the post of State Election Commissioner, a prerequisite for conducting elections for the post of Mayor.
“A post of Mayor comes under the Constitution so it (delaying election) is a violation of the Constitution and the Jharkhand Municipal Act also,” said former Advocate General Anil Sinha.
While the RMC is waiting for a Mayor since April, the State Election Commission has been reduced to a headless entity since the tenure of former Commissioner SD Sharma ended in July.
“Nothing can happen until a new commissioner is appointed,” said Secretary, State Election Commission Umesh Prasad Singh.
According to a legal expert, Article 243U—Duration of Municipalities — of the Indian Constitution when read with Section 16 (5) of the Jharkhand Municipal Act makes it mandatory that a vacancy to the post of Mayor shall not stretch beyond six months from the date of vacancy.
The elections for RMC wards, including for the post of Mayor, were held in April; however, mayoral elections were rescinded by Governor Syed Ahmed due to the controversy surrounding recovery of money allegedly meant for influencing mayoral polls. The election was rescinded after a recommendation was made by the then Commissioner Sharma.
Incidentally, the commission claims to be fully prepared for holding mayoral polls. Officials of the commission are confident of accomplishing the task in a month’s time from the day a commissioner assumes office. “A mayoral election is similar to the Assembly election so it is easy to complete the process in a month’s time,” claimed Singh.
Interestingly, the members of the RMC board seem divided about the impact on the functioning of the municipal body due to absence of a Mayor. For ward councilors a Mayor-less board is not the solution to the problem. “There is a difference between an acting head and actual head. So, we do feel that work is somewhere getting affected due to absence of a Mayor,” said councilor of ward-28 Ashok Baraik.
But the acting head — Deputy Mayor Sanjeev Vijay Vargiya — did not share the perception of ward councilors and pointed out that several rounds of board meetings besides a number of important decisions have taken in the absence of a Mayor.
“There is no legal hurdle in carrying out work in the absence of a Mayor. Several important decisions have been taken in the absence of a Mayor,” said Vargiya.
Significantly, appointment for the coveted post has become a bone of contention between the Chief Minister and Rural Development Minister Chandrashekhar Dubey with the latter expressing objections to the name of former DGP Neyaz Ahmed recommended by Hemant Soren. Dubey wants a retired bureaucrat for the post.
According to reports, the Panchayati Raj department has sought opinion of the department of Personnel, Administrative Reforms & Raj Bhasha over eligibility of Ahmed to hold the post of State Election Commissioner.
Meanwhile, investigations in the cash for vote scam in the last municipal elections appears to have reached a decisive stage. The scam had led to the arrest of former Mayor of RMC, Rama Khalkho besides some people associated with the Congress. “Investigation is in advance stage and we are heading in the right direction,” said City DSP PN Singh adding: “It will have a far reaching impact on democratic processes like elections.”