All Jammu & Kashmir Gujjar-Bakerwal Co-ordination Committee claimed the recent held Elections in Jammu & Kashmir is in violation of the constitutional provisions

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All Jammu & Kashmir Gujjar-Bakerwal Co-ordination Committee held a Press Conference here in Jammu in which the Members of the Organization has claimed that the recent held Elections in Jammu & Kashmir is in violation of the constitutional provisions. The Chairman Mohammad Anwar Chowdhary Advocate of the Organization claimed that in nine reserved ST Constituencies i.e. (Surankote Constituency 88, Mendhar Constituency 90, Budhal Constituency 86, Thanamandi Constituency 87, Rajouri Constituency 85, Gulabgarh Constituency 56, Kangan Constituency 17, Kokarnag Constituency 42, and Gurez Constituency 16) which were reserved only for Scheduled Tribe people who were declared Scheduled Tribe in 1991.He claimed that these above nine constituencies were reserved on the Delimitation. Commission’s recommendation made in 2022 according to the last census held in 2011. He further said that some other people were declared ST in the year 2024 and no political reservation was recommended for them as the earlier political reservation was according to the census of 2011. After the Abrogation of Article 370 of constitution, the Central laws were made applicable to the UT of Jammu and Kashmir and consequently a Commission was constituted for Delimitation of Constituencies headed by Retired Justice Ranjana Prakash Desai. This Commission reserved 9 Assembly Seats for Scheduled Tribe according to the census of 2011. Later on, in the year of 2024 some more communities were granted Scheduled Tribe Status and according to the notification and the decision of the Govt. they were provided 10% separate reservation from the earlier Scheduled Tribes. The leaders of Gujjar Community claimed that since there has been no new census after 2011 as such no political reservation was given to the people who were declared ST in 2024. But when the Elections were announced by the Govt. in the Union Territory of Jammu & Kashmir, the organizations of Gujjars had apprised the Govt. of India and Govt. of Jammu and Kashmir that newly declared ST people having no political reservation cannot contest the elections on the Assembly Seats which were already reserved for ST candidates according to their population of census 2011. They said that Chief Electoral Officer of Jammu & Kashmir and concerned District Election Officers committed a great blunder by accepting the Election Forms of the people who had no entitlement to contest on the above reserved Constituencies. On this issue the Gujjar Leaders have raised a banner of revolt and demanded that since the Elections on the above seats have been held in violation of the constitutional provisions and basic laws. The Elections on the above Constituencies are vitiated from the stage of filling of nomination papers which has struck at the very roots of the Elections, as the nomination papers of non-eligible Candidates were accepted by the District Election Officers. The Gujjar Leaders have submitted a Memorandum to the Lieutenant Governor of J&K Sh. Manoj Sinha and copies of the same have been forwarded to Ministries of Home, ST SCs & Chief Election Commission of India and Chief Electoral Officers of Jammu & Kashmir. In their Memorandum the Gujjar of Jammu and Kashmir have implored upon the Hon’ble LG of Jammu and Kashmir not to notify and administer Oath to the So-called Elected Members from the Following ST reserved Constituencies:-1. Surankote Constituency 88,2. Mendhar Constituency 90,3. Budhal Constituency 86,4. Thanamandi Constituency 87,5. Rajouri Constituency 85,6. Gulabgarh Constituency 56,7. Kangan Constituency 17,8. Kokarnag Constituency 42,9. Gurez Constituency 16.It is also demanded by the Gujjar Leaders that Chief Electoral Officer of Jammu & Kashmir should be directed to produce whole record of these Constituencies for its scrutiny as to how such a big constitutional blunder has happened.It has also been stated in the Memorandum that in case His Excellency the LG of Jammu & Kashmir fails to discharge his Constitutional Duty to check such a fraud on the Constitution. The Community shall no other option but to approach the Hon’ble High Court of J&K and Ladakh and Supreme Court of India for redressal of their grievances.

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