Gujjar-Bakerwal Co-ordination Committee Challenges J&K Election Results, Cites Violation of ST Reservations
Jammu, 13-10-2024: The All Jammu & Kashmir Gujjar-Bakerwal Coordination Committee recently held a press conference in Jammu, raising serious concerns about the legitimacy of the recently conducted elections in the Union Territory of Jammu and Kashmir. The organization’s chairman, Mohammad Anwar Chowdhary Advocate, asserted that the elections violated constitutional provisions, specifically focusing on the nine reserved Scheduled Tribe (ST) constituencies: Surankote (88), Mendhar (90), Budhal (86), Thanamandi (87), Rajouri (85), Gulabgarh (56), Kangan (17), Kokarnag (42), and Gurez (16). These constituencies, according to the chairman, were designated as reserved for ST candidates based on the Delimitation Commission’s recommendations in 2022, which followed the data from the 2011 census when these groups were first recognized as ST.
Chowdhary explained that the delimitation process, led by Retired Justice Ranjana Prakash Desai after the abrogation of Article 370, reserved nine assembly seats for the ST community, strictly based on the 2011 census data. However, in 2024, the government granted ST status to additional communities and provided them with a 10% separate reservation, distinct from the political reservations initially established for the Gujjar and Bakerwal communities. Despite the new recognition, Chowdhary emphasized that no political reservations were allotted to these newly recognized groups, as no new census had been conducted since 2011 to update the population data accordingly.
The Gujjar leaders expressed their grievances that when elections were announced in Jammu and Kashmir, they had already informed the central government and the Union Territory administration that those newly declared as STs in 2024 were not eligible to contest in the assembly seats reserved for ST candidates based on the 2011 census. Despite this, the Chief Electoral Officer of Jammu & Kashmir and the respective District Election Officers accepted the nomination papers of candidates from these newly declared ST groups, a move that the Gujjar community claims was unconstitutional and in direct violation of the delimitation provisions.
The Gujjar leaders argued that the acceptance of these nominations was a serious administrative error, which undermined the integrity of the elections. They accused the officials involved of committing a constitutional breach by allowing individuals who did not meet the eligibility criteria to contest in constituencies reserved for the original ST groups, as per the population data from the 2011 census. The Gujjar-Bakerwal Coordination Committee has declared this action as a fundamental flaw in the electoral process, asserting that the elections in these constituencies were invalid from the point of nomination itself, as non-eligible candidates were allowed to participate.
In response to this issue, the Gujjar leaders have submitted a detailed memorandum to Lieutenant Governor Shri Manoj Sinha of Jammu and Kashmir. Copies of this memorandum have also been forwarded to various authorities, including the Ministry of Home Affairs, the Ministry of Social Justice and Empowerment (SC/ST), the Chief Election Commission of India, and the Chief Electoral Officer of Jammu & Kashmir. In their memorandum, the Gujjar leaders urged the Lieutenant Governor not to recognize or administer the oath of office to any candidates purportedly elected from the nine disputed constituencies. These constituencies include:
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- Surankote Constituency (88)
- Mendhar Constituency (90)
- Budhal Constituency (86)
- Thanamandi Constituency (87)
- Rajouri Constituency (85)
- Gulabgarh Constituency (56)
- Kangan Constituency (17)
- Kokarnag Constituency (42)
- Gurez Constituency (16)
The Gujjar leaders have demanded that the Chief Electoral Officer of Jammu & Kashmir be instructed to present all records related to these constituencies for a comprehensive review and scrutiny. They are seeking a full investigation into how such a significant constitutional lapse occurred, allowing ineligible candidates to contest and potentially win seats reserved for communities designated as ST based on the 2011 census.
The memorandum further warns that if the Lieutenant Governor fails to act and rectify the situation by preventing the notification and swearing-in of these candidates, the Gujjar community will have no choice but to seek legal redress. They are prepared to escalate the matter to the Hon’ble High Court of Jammu & Kashmir and Ladakh, and, if necessary, the Supreme Court of India, to challenge what they describe as a fraud against the constitution.
The Gujjar-Bakerwal Coordination Committee is thus advocating for a fair and constitutional review of the election process in these ST-reserved constituencies. They argue that the integrity of the democratic process has been compromised due to the acceptance of nomination papers from candidates who do not meet the eligibility requirements set by the 2011 census. The Gujjar leaders are emphasizing the need for the government and election officials to respect the legal and constitutional framework established for political reservations to ensure fair representation of the Gujjar and Bakerwal communities in the legislative assembly.
The situation, according to the Gujjar community, is critical, as it not only impacts the electoral outcome but also threatens to undermine the trust and confidence of ST communities in the democratic process. They are calling for urgent and corrective action from the government to uphold constitutional provisions and protect the political rights of the Gujjar and Bakerwal people, who have historically been marginalized and underrepresented. The Gujjar-Bakerwal Coordination Committee remains committed to fighting for their community’s political and constitutional rights, stressing that the administration must act to rectify the errors in the electoral process and ensure justice for the rightful ST candidates based on the established criteria of the 2011 census.
