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JAMMU & KASHMIR NATIONAL DEMOCRATIC FRONT
[JKNDF]
DRAFT CONSTITUTION
http://www.jkndf.org e-mail ID info@ jkndf.org
- Preamble
- The Political parties originating from the Jammu and Kashmir State of union of India have not by and large extended their operations to rest of the country. Obviously, because the State has been granted a special status in the Indian Constitution, allowing it to have its own flag, Constitution and giving it a special consideration for share of power as between it and the Union by incorporating Article 370 in the Constitution. This over whelming local character of the politics gives a feel that Kashmir’s accession to the Union of India is still under dispute, which distances the people of the State from the mainstream polity of the Country. Over the years it has been found that the minorities of the State, because of their minuscule voting strength are not able to be part of various democratically designed decision taking forums. It may be recalled that Vision Document of Naya Kashmir envisaged that a reasonable number of seats in the State Legislative should be reserved for KPs and other minorities that has completely eroded with the passage of time. The situation worsened after cross border terrorism that caused hounding of minorities from their homes and hearths, a worst type of human tragedy ever witnessed. It has become necessary to setup a national level political party with its headquarters in J&K State that will have its own constitution, by laws, flag, election symbol etc. to be registered with Election Commission of India.
- Name
- The name of the political party is “Jammu and Kashmir National Democratic Front”. In a short form to be described as JKNDF.
- The constitution governing party is titled “Constitution of Jammu and Kashmir National Democratic Front” [JKNDF]
- Date of enforcement
- The date of enforcement of this constitution shall be that on which it is approved to be adopted and followed as notified by the founder members of the party.
- Unless the context provides otherwise the following terms shall carry the definitions as assigned to them here under: -
- 01. Constitution of India: - means Indian Constitution as adopted and followed under the relevant law from time to time.
- 02. Constitution of J&K: - means the constitution of Jammu and Kashmir State as adopted and followed from time to time under the relevant law.
- 03. Constitution: - constitution of Jammu and Kashmir National Democratic Front [JKNDF] as adopted and amended from time to time by the authority competent to do so their under.
- 04. Party: - means Jammu & Kashmir National Democratic Front [JKNDF] unless otherwise describe in the constitution.
- 05. Founder members: - are those who will sign the first constitution of the party at the time of its registration with the Election Commission of India.
- 06. Member: - is a person who is enrolled as a member of the Jammu and Kashmir National Democratic Front [JKNDF] from time to time with define powers and responsibilities under this constitution.
- 07. Minorities: - are those sections, individually or collectively whose population is not more than 10 percent of the total population of the State or those who have been defined as such under any law or regulations in force for the time being.
- 08. Zonal President: - is a person appointed as such in accordance with the provision of the constitution.
- 09. Divisional President: - is a person appointed as such in accordance with the provision of the constitution.
- 11. National President: - is a person appointed as such in accordance with the provision of the constitution.
- 12. General Council: - a forum constituted under the constitution.
- 5.1 To fight for the political rights of the minorities of the J&K State while in exile and thereafter. The minorities prominently include Kashmiri Pandits who continue to live in the Valley at their places of origin or else where at that place for one reason or the other and those who presently live at Jammu and other places of the Country or around the World.
- To secure right to exercise franchise in the same manner as this is available to rest of the voters of the Country including removal of all discrepancies in the voter lists published by the Election Commission of India from time to time.
- To contest Elections for entry into State Legislature, Indian Parliament and other Local Self Government Institutions independently or with the adjustments with other Political Parties as and when needed.
- To open Offices of the Party wherever required in the Country
- To keep a watch on the utilization of funds raised from different sources for relief and rehabilitation of migrants including those who continue to live in the Valley.
- To secure special packages for welfare of migrants from GOI and others besides ensuring regular flow of funds for the programmes in operation at present or those which may be taken up in future.
- To secure special relief and rehabilitation packages for the Kashmiri Pandits who continue to live in the Valley.
- To work for dignified return of Kashmiri Pandits to the Valley by ensuring implementation of well drawn packages and other programmes by the State and Central Government and others.
- To fight for setting up of development council(s) for relief and rehabilitation of migrants including those who continue to live in the Valley at the places of their origin or else where at that place due to one reason or the other.
- To fight for causing purposeful management and development of the minority community institutions, educational, religious and others by its members without interference from the Government.
- To fight for restoration of properties to the minorities which have been or may be taken away from them due to various reasons like encouragements, vandilisation, fraudulent sale, irregular acquisitions, distress sales, false tamperings etc.
- To secure proper representation in various decision taking forums at local, State and Central levels which may even involve pressing for amendments in the Constitution of J&K and Constitution of India.
- To secure minority community rights by way of creating constitutional guarantees for reservation of seats for them in the State Legislature and the Indian Parliament, reservations in the State and Central Governments Departments, PSUs and other autonomous bodies in which investment from the Government is substantial.
- To work for preservation of cultural heritage in a most meaningful manner i.e. without any modifications in their originality.
- 6.1. The present situation is that most of the minorities who are aborigines of the State are out of their homes and hearths within and outside Kashmir or even outside India. The fact also remains that the exilics are required to exercise their right of franchise in the constituencies to which they belong in the Valley. According to the present arrangements there are 46 constituencies in all districts of the Valley. These shall be grouped into zones as under: -
- Anantnag-Pulwama Zone
- 1.Dooru Sahabad, 2. Kokernag, 3. Shanges, 4. Pahalgam,5. Brijbehara, 6. Anantnag, 7. Kulgam, 8.Noorabad, 9. Devsar, 10. Shpoian, 11. Wacchi, 12. Rajpura, 13. Pulwama,14. Tral, 15. Pampore, 16. Homeshalibug.
- Srinagar-Badgam Zone
- 1.Chudar,2.Charar,3.Khansahib,4.Badgam,5.Beerwah,6.Sonwar,7.AmeraKadal,8.Habakadal,9.Khanyar,10.Batmaloo,11.Hazartbal,12.Zadibal,13.Soura,14. Ganderbal,15.Kangan
- Baramul-Kupwara Zone
- 1.Gullmarg,2.Pattan,3.Sumbalsonwari,4.Sopore,5.Bandipora,6.Gurez,7.Sangrama,8.Rafiabad,9.Uri,10.Baramulla,11.Karna,12.Kupwara,13.Handwara,14. Langate,15. Sogam
- 6.2 The constituencies in the Jammu region will be grouped as under: -
- Jammu East & West Zone
- Gandhinagar-Mud Zone
- Raipur-Dumana Zone
- Udhampur Zone
- Kathua Zone
- 6.3 The constituencies outside J&K State shall be put into the following zones:
- Delhi Zone
- NCR Zone
- North Zone outside Delhi and NCR Zone
- East, West and South Zone
- 6.4 For co-coordinating working in different zones the organizational setup shall be as under:-
- Divisional Headquarter at Srinagar to co-ordinate working of several zones in the Valley.
- Divisional Headquarter at Jammu to co-ordinate working of several zones at Jammu.
- Divisional Headquarter at New Delhi to co-ordinate working of several zones at New Delhi, NRC and in Northern India.
- Divisional Headquarter at Banglore to co-ordinate working of several zones in East, West and South of India.
- 6.5 The National Headquarters of the party shall be stationed at Jammu to be eventually shifted to Srinagar after normalcy is restored at that place. Every zone, Divisional Headquarter and National Headquarter shall be for the time being controlled by: -
- Zone: - A president to be called zonal president assisted by secretary (1), Treasurer (1), Assistant Secretary (2), Co-coordinator (1), Publicity and Public relation co-coordinator (1) and three other members.
- Divisional Headquarter: - A president to be called Divisional President assisted by secretary (1), Treasurer (1), Assistant Secretary (2), Co-coordinator (1), Publicity and Public relation co-coordinator (1) and three other members.
- National Headquarter: - A president to be called National President assisted by General secretary (1), secretaries (3) Treasurer (1), Assistant Secretary (3), Co-coordinator (3), Publicity and Public relation co-coordinator (1) and four other members.
- In addition to the above organization setup the National Headquarters of the Party shall establish such of the committees and sub committees to meet various operational requirements technical or others as per need, which may arise from time to time.
- The term of Office of the office bearers at National Headquarters and Divisional Headquarters shall be Three years. In respect of zones it shall be as determined by the National Headquarters from time to time in consultation with the Divisional Presidents.
- 7.0 Enrollment of Members
- 7.1. Primary Members of the Party shall be enrolled on the basis of the application submitted by a person intending to be Primary Member on the Performa given as annexure A to the constitution. A member shall be eligible for enrollment, if he/she is not: -
- a minor not eligible to exercise right of franchise in accordance with any law, rules or regulations enforceable in any Court of Law,
- of unsound mind,
- involved in any criminal case at the time of making the enrollment, and
- insolvent under any law of the land
- On acceptance of such an application any person enrolled shall be allotted a code number and also issued an Identity Card.
- Every member shall be a life Member of the Party unless he is disqualified to as such judiciously by the Headquarters of the Party or does not withdraw his/her membership on account of cogent reasons.
- The Founder Members of the Party shall have also fill in the application as prescribed under Provision 7.1 abid accompanied by an affidavit declaring he/she is eligible for enrollment under the same Provision of the constitution. Founder Members shall be initial constitution of the Party and contribute to this constitution.
- 8.0. General Council & other Committees
- The General Council should comprise apart from National President and National General Secretary all Divisional and Zonal Presidents. The General Council shall meet at least twice in a year or as the National President may require and order.
- The General Council shall nominate and appoint committees to handle various issues as may come up and are required to be brought under consideration from time to time.
- 9.0. Election of Office Bearers
- Election shall be conducted for the posts of: -
- National President
- National General Secretary,
- Divisional President(s)
- Divisional Secretary(s)
- Members registered with the Party shall be the Electoral College for the elections to the post of National President and National Secretary(s). For the posts of Divisional President(s) and Divisional Secretary(s), the Electoral College comprising Members of respective Division(s)
- National President shall appoint the Zones President (s) in consultation and with the consent of the Divisional President(s).
- The other Office bearers shall be appointed as under: -
- Office bearers at Zonal level by the Divisional President in consultation and prior consent of Zonal President.
- Office bearers at Divisional level by the National President in consultation with and prior consent of Divisional President.
- Office bearers at National level by the National President in consultation and with prior consent of the National Level General Secretary.
- There shall be an Election Authority for conduct of elections at the expiry of the term of offices for which elections are to be held. The said Election Authority shall be an independent person without any influence of any Political Party and shall hold the office till the whole process of Election is completed. Such an Authority will fix its own modalities for smooth and orderly conduct of Elections, fix its own team for the purpose and incur expenditure for conduct of Elections which shall be born by the Party.
- All the Members enrolled by the Party shall constitute the Electoral College of the Party to be notified by the Election Authority at least 15 days prior to the date of holding of Elections. A copy of the Electoral list can be obtained by any registered Member which shall be made available to him by the Election Authority against payment of Rs.100/-
- The Election shall be held through secret ballot, every registered Member having single non- transferable vote. On account of some cogent reasons a member of the Electoral College may choose to vote through a postal ballot in accordance with the procedure that may be laid down for the purpose by the Election Authority. Decision of that Authority as to whether a postal ballot paper shall be accepted or not will be final, of course, for recorded reasons.
- The list of the Members whose nominations have been finally accepted for contesting the Elections as afore mentioned shall be given wide publicity to such notifications by the Election Authority at least 30(thirty) days prior to the date of conduct of Elections.
- On completion of Election the Election Authority shall list out and announce the names of the elected Members forthwith.
- On declaring the results of the elections the Members elected to the Party shall take the oath of allegiance to the cause and objects of the Party and shall sign a declaration to abide by the constitution & Detailed Rules and Regulations of the Party and such oath of office shall be administered by the outgoing President of the Party before they assume the office which shall be done within a maximum period of five days from the date of declaration of election results. In case of the oath to be taken after first Elections of the Party it shall be administered by a retired Judge of the High Court/District Session Court to be nominated by the Founder Members involved in formulation of the Party.
- Every Zonal President and Treasurer of the Party shall draw the final accounts in respect of their Zones for a financial year (April-March) and submit these to the Divisional President who with the assistance of his/her Treasurer consolidate these accounts after incorporation of the accounts of the Divisional Office consolidate these for submission to the National President who will consolidate these for the Party as a whole for being placed before the General Council. The whole process of compilation of accounts shall be completed within one month after close of financial year that is by end of May every year. The General Council will appoint an Auditor for auditing of these accounts. The Auditor will submit its audit report to the National President who will present it to the General Council for adoption.
- Bank Account(s) of the Party shall be maintained with any Nationalized bank(s) of the Country. The manner in which such accounts shall be opened, operated and maintained in accordance with the decisions taken in this behalf by the General Council of the Party and conveyed through National General Secretary from time to time.
- 11.0. Mobilization of Funds
- The Party is authorized to raise funds from various identified sources including raising of loans form banks, financial intuitions and others, besides accepting donations and grant in aids for various defined purposes. The funds if any thus mobilized shall be used for the bonified purposes of the Party in accordance with the decisions that may be taken by the General Council who will take such decisions on the proposals submitted to them by the National President. Such decisions may under certain circumstances be treated as confidential.
- 12.0. Owning of Properties
- The Party may own properties, both movable and non movable by executing formal purchase deeds in accordance with relevant laws, rules and regulations for the time being in force. Similarly the Party may acquire such properties on lease through proper lease deeds. The properties acquired as aforementioned may also be mortgaged for rising of loans etc. or sold. Such decisions shall however be backed by authorization given by the General Council and executed through National President.
- 13.0. Maintenance of the Official Records of the Party
- 13.1. The National General Secretary of the Party shall be responsible for maintenance of the official records of the Party at various levels. For this he/she issues such instructions and guidelines, as may be considered necessary and monitor implementation of such instructions and guidelines by obtained periodical returns from various Zonal and Divisional Presidents.
- 14.1. All disputes on whatsoever account with regard to the Party shall be subject to the Jurisdiction of Courts of the place where its Head quarter is situated.
- 15.0. Party Flag & its Election Symbol
- 15.1. Party Flag & its Election Symbol shall be fixed by the General Council.
- 16.0. Powers to make Rules & Regulations
- In respect of the matters that are not specifically mentioned in the constitution the Powers to make rules for regulation of various matters shall vest with General Council who shall take such decisions on the basis of the proposals made out them by the National President.
- The General Council shall have also the Powers to emend the constitution, rules and regulations made their under from time to time.
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