Jharkhand Panchayat polls without triple test: Hemant Soren 

Government to form fast track courts for mob-lynching cases

Ranchi, March 14: Jharkhand Chief Minister Hemant Soren announced that the panchayat poll in Jharkhand would be conducted without the triple test guidelines as mandated by the Supreme Court for OBC reservation. 

Soren, who was responding to a query by AJSU legislator Lambodar Mahto during the Chief Minister Question Hour, said the Supreme Court had not said that the panchayat poll could only be held after implementing the triple test.

“Had it been so, panchayat poll could not have taken place in West Bengal, Odisha and Tamil Nadu,” he said.

Mahto had asked if the government intends to conduct the three-tier panchayat poll in violation of the Supreme Court order on triple tests and OBC reservation.

The Supreme Court had in January this year declined to recall its earlier orders quashing 27 per cent OBC quota in panchayat poll in Maharashtra and Madhya Pradesh. The apex court had said the states election commissions would de-reserve OBC seats in all future local body elections across the country unless such quota is determined in strict compliance with its triple test guidelines.

The triple test includes setting up a dedicated commission to conduct an inquiry into the nature and implications of the backwardness in connection with local bodies.

Its second condition is to specify the proportion of reservations required to be provisioned in the local bodies as per the commission’s recommendations.

The third test is that the reservation should not exceed 50 per cent of the seats reserved in favour of SCs, STs, and OBCs taken together.

The chief minister said “It is a long process as a household survey is required for it. Panchayat polls have already been pending since 2021 due to many reasons, mainly Covid-19 pandemic.” He said that due to the delay in holding the panchayat poll, the state is losing its share from the Centre that is causing huge financial loss to state exchequer. The Centre has already stopped around Rs 700- Rs 800 crore.

Soren said there has been demand from the opposition and panchayat representatives for holding the polls. “So, we cannot delay it further”.

The tenure of 4,402 mukhiyas (village heads) and panchayat committees ended on January 4, 2021. In 2015, the poll for election of 4,402 mukhiyas, 5,423 panchayat ward samitis and 545 zila parishad committees were held from November 22 to December 12.

Later, BJP legislator Dhulu Mahto demanded jobs and compensation or return of land to those whose land have been acquired by coal companies for mining projects but have not been used.

The chief minister said that land acquisition by coal companies are done under Coal Bearing Act, which falls under the purview of Government of India.

“We are studying it and taking opinions from experts. We will take the decision only after assessment”, he added.

Jharkhand minister Alamgir Alam said on Monday that the government was planning to set up fast-track courts in the state for speedy trial of mob-lynching cases.

A total of 46 cases of mob-lynching have been recorded in the state between 2016 and 2021, the parliamentary affairs minister said.

In 11 such cases, 51 accused were convicted to life imprisonment after completion of the trial.

Bagodar legislator Vinod Kumar Singh had raised the mob-lynching issue during Question Hour of the Assembly, urging the government to set up fast track courts for speedy trials of such cases.

Singh also expressed concern over alleged poor distribution of compensation to dependents of victims. Citing the example of Sunil Pasi, who was beaten to death by a mob in December last year, Singh said that his family did not get any compensation as yet.

In response, the parliamentary affairs minister said, “Till now, Rs 19.90 lakh has been disbursed as compensation to the dependents of victims. We will expedite the process.” The Assembly, during the day, saw a heated discussion over domicile issue yet again.

Jamshedpur (East) legislator Saryu Roy asked if the state government intended to make a domicile policy on basis of 1932-Khatiyan (land records) Alam, in reply, said, “The chief minister has already replied on this matter. Assessment is being done on the issue and government will soon come out with a decision.”