The JMM has drawn attention of the State Government while raising several unconformities between the provisions of Panchayat (Extension to Scheduled Areas) Act (PESA) and subsequent laws by the State Government. The party has also demanded for postponing the upcoming local level elections in the Schedule Areas of Jharkhand.
Party leader Deepak Birua in this regard also called upon the Speaker and sought clarification from the Rural Development Department and the law Department. “Provisions under PESA that has been enacted by Parliament should be in consonance with the State Government’s act. There is two-tier provision in the 6th Schedule Areas while the elections are being conducted under the three tier system. There should just be Autonomous District Council and State Council,” said Birua.
The contention goes on and says that the law made by Parliament regarding panchayat polls gives seven special rights to the Gram Sabha which has been abolished through the Act passed by Jharkhand Assembly in 2001.
“Also, for 6th Schedule Areas all the regulations have not only be approved by the Governor but also needed to be assented by President as well. The 2001 Panchayati Raj Act has not got approval from the President,” added the MlA.
The regulations for Scheduled Areas also needed to be discussed with the Tribal Advisory Council (TAC) which had not been the case in the State, claimed the legislator. “I sought the files related to the Presidential assent and TAC consultation which could not be presented by the officials,” said Birua
The matter is also pending with the Supreme Court and the party has sought to stop the polls till it is resolved finally. Actually Article 243 (M) part IX of the Constitution cannot apply to the Scheduled Areas and for invoking the provision as provided in Clause (4)(b) of Article 243M, Parliament enacted PESA Act, 1996.
In Section 4(O) of the said Act of 1996 a duty has been cast upon the State legislature to make an endeavor to follow the pattern of VIth Schedule to the Constitution while designing the administrative arrangement of the Panchayats at district level in the Scheduled Areas, provided it should not be contradictory to the Parliament Act.