Jammu admin’s withdrawal order on residence certificates yet to be made public

At least 22 hours on, deputy commissioner Jammu, Avny Lavasa’s withdrawal order on issuance of residence certificates to the people living in Jammu for over a year is nowhere in public domain.

At least 22 hours on, deputy commissioner Jammu, Avny Lavasa’s withdrawal order on issuance of residence certificates to the people living in Jammu for over a year is nowhere in public domain.

Jammu DC’s controversial order had stated that certificate of residence had to be issued to the people, who have been living in their respective areas in Jammu district for over a year but possessed no relevant document prescribed by the Election Commission.

The controversial order was rolled back by Lavasa late Wednesday evening after it came under sharp criticism by the Opposition in Jammu and Kashmir.

National Conference president and former chief minister Dr Farooq Abdullah said, “under rule of law, an order issued in writing has to be withdrawn in writing. It can’t be just verbal. She issued a written order and therefore, it can be nullified by a written order alone mentioning that the previous order stands officially withdrawn. Otherwise, it will create more problems in the UT”.

Former legislator and spokesperson of the People’s Democratic Party (PDP), Firdous Tak, who is a close confidante of party president Mehbooba Mufti said, “Well the statement by chief electoral officer earlier followed by damage control exercise by administration was the first indication about the political objectives of BJP. The order issued by DC was only in run up to what the administration is actually up to. Even if withdrawn officially, it will have hardly any major affect on the ground. The BJP has made its mind to include non-resident voters and administration will find a way to implement the dictate”.

J&K Congress president Vikar Rasool Wani also echoed similar views.

“You need to understand that it is a big conspiracy. First, the chief electoral officer (HK Singh) says at a presser about inclusion of 25 lakh voters in the special summary revision of electoral rolls. Following uproar by opposition he then convened an all party meeting and gave a verbal clarification. The opposition parties held all party meets and were unanimous that it is an attempt to change demography of the region. Today, there is neither a CEO nor a deputy CEO While the two top posts are lying vacant, a DC level officer issued an order directing tehsildars to issue certificate of residence to people living in Jammu for over a year for their enrolment as voters. Following sharp criticism she then withdraws it. All these developments smacks of foul play,” said Wani.

The J&K Congress chief said that the party will ensure the DC’s withdrawal order comes in public domain.

The order was conspicuously missing from the two official websites of Jammu and Kashmir general administration department-- https://jkgad.nic.in/leftMenu/OrderCirculer.aspx and DC Jammu-- https://jammu.nic.in/notice_category/orders-and-circulars/ till 7.43 pm on Thursday.

However, J&K BJP president Ravinder Raina said that even if DC Jammu has withdrawn the order, the law of the land was supreme.

“The Representation of People’s Act 1951 says that if a citizen living at a place other than his native place for long and wish to register himself as voter, he can be enrolled”, he said.

When asked if order withstood the scrutiny of law, why DC has recanted it, to which Raina said, “The DC should not have withdrawn the order because there was nothing wrong in it. I think due to propaganda by Congress, National Conference and PDP, there might be some apprehension in the mind of the DC or in the bureaucratic set up and that is why they may have preferred to withdraw the order but law of the land will always prevail.”

DC’s controversial order had stated that certificate of residence had to be issued to the people, who have been living in their respective areas in Jammu district for over a year but possessed no relevant document prescribed by the Election Commission.

On Wednesday PDP president Mehbooba Mufti wrote on Twitter, “ECI’s latest order for registration of new voters makes it clear that GOIs colonial settler project has been initiated in Jammu. They will bear the first blow to Dogra culture, identity, employment & business”.