Constitution

PREAMBLE

Whereas it is expedient to draft a detailed constitution in accordance with the broad features of the declaration made on July 28, 1999 at Srinagar to form J&K People’s Democratic Party for,

  • Democratic participation in the affairs of the State of Jammu and Kashmir for strengthening the democratic institutions through constitutional means.
  • Strengthening religions brotherhood, inter-communal and inter-religion friendship co-operation and solidarity.
  • Balance growth of the three regions of the state.
  •  Economic, political and social justice for all the sections of society particularly the down trodden and the backward classes.
  •  Empowerment of women and other weaker sections of the society.
  •  Protection of the Geographical and Cultural environment of the State and
  •  Promotion of liberal values and spirit of tolerance and protection of human rights.
  • It is hereby enacted as follows:

Section 1

Title: – This document shall be called the “Constitution of Jammu and Kashmir People’s Democratic Party”.

Section 2

Definitions: – In this constitution unless there is anything repugnant in the subject or context.
(a) ‘Party’ means ‘Jammu and Kashmir Peoples Democratic party’.
(b) ‘Patron’ means ‘the Patron of the J&K PDP’.
(c) ‘President’ means ‘the president of Jammu and Kashmir Peoples Democratic Party’.
(d) ‘Village’ and ‘Halqa’ means ‘the same as defined in the Jammu and Kashmir Village Panchayat Act’.
(e) ‘Mohalla’ means ‘the same as defined in the Jammu and Kashmir Town Area Act’.
(f) ‘Ward’ means ‘the same as defined in the Jammu and Kashmir Municipal Act’.
(g) ‘District’ means and comprises ‘each administrative district shall comprise of two districts each as provided in Section 16 of this Constitution’.
(h) ‘District Member’ means ‘a representative elected under Section 14 of this Constitution by the card holder members of a Zone to participate in the election of District Committee’.

  1. ‘State Executive Committee, District Committee, Zone Committee, Halqa/Ward Commitee Village/Mohalla Committee, Disciplinary of Political Affairs Committee’ means ‘those respective Committees for the time being of the policy’.
  2. ‘Board’ means ‘the Election Board constituted under Section 35 of the Constitution’.

CHAPTER II
MEMBERSHIP

Section 3

Basic Member: – Any person who is a registered or eligible voter in the State and has subscribed to the aims and objectives of the Party, is eligible to be enrolled as the basic member of the Party from the Village/Mohalla of his residence on his making a written declaration on from Appendix “A” and on payment of the membership fee of rupees five (Rs. 5).

Section 4

The term of basic membership shall be three years and the membership shall be renewed on payment of requisite fee. The fresh membership drive shall start nine months prior to expiry of running membership. In case a person desirous of becoming a member midway any time after membership drive is completed, he is admitted in the party and his membership term shall complete with the term that shall be running at the time of his joining the party. This amendment of raising the term from two years to three years shall be enforced after the expiry of the present term.

Section 5

Every Basic Member shall have a right to participate in the election of village/Mohalla level committees and shall have one vote.

Section 6

Honorary member:- Any person who is not eligible to be a Basic Member of Party under Section 3(a) but is a citizen of India and being in agreement with the aims and objectives of the Party wants to or is likely to help in furthering the cause of the Party through his professional knowledge and experience or through other assistance may be admitted as an honorary member subject to such terms and conditions as may be decided by the State Executive Committee from time to time, provided that an honorary member shall have right to participate in any election of the Party.

Section 7

Delegate: – A basic member who enrols other 50 basic members shall be entitled to be registered as a delegate. The delegate on payment of Rs. 100/- shall be issued an identity card by the State Office with his photograph and his personal particulars on it. Such delegate shall be eligible to contest for any position in the Halqa Committee and/ or above.

Section 8

Cessation of Membership: – A member of the Party basic or honorary, shall cease to be such member if,
(a) he voluntarily resigns from the membership.
(b) he is expelled from his membership on account of miscount, indiscipline, violation of the principles and policies of the Party or for any other reason that the President may deem sufficient for such expulsion.
(c) he dies.
Provided that an expelled member be eligible to acquire the basic membership on expiry of the period of his expulsion or revocation thereof by the State Executive Committee.

Section 9

Suspension from Membership: –
(a) A member may be suspended from the Party on any of the grounds mentioned in Section 10
(b) for any length of time to be determined by the President.
(b) A basic member who is expelled or suspended pursuant to any of the provisions herein above, shall also cease to be a Card Holders, District Member, office Bearer etc., as the case may be

CHAPTER III
ORGANISATION UNITS

Section 10

Village/Mohalla Committees: –
(a) There shall be a Village/ Mohalla Committee for each village in the rural areas and for each Mohalla inn the urban areas. The Village/Mohalla Committee shall consist of 21 members including seven office bearer i.e. a president, two vice president, one secretary, one organizing secretary, one organizing secretary, one treasurer and one publicity secretary. The members of village committees shall be directly elected by the basic member of the Party in that particular Village or Mohalla as the case may be.
(b) Each Village/Mohalla Committee shall submit the record of delegates to the Committ ee constituted by the Convener Election Board.
(c) The Halqa/Ward office shall maintain a register of delegates of that Halqa/Ward and submit the record to the Committee constituted by the Convener of the Election Board.

Section 11

Halqa/Ward Committees: –
Each Halqa/Ward shall have its Halqa/Ward Committee comprising 21 members including 7 officer bearers as provided for the Village/Mohalla Committee. The member of Halqa/Ward Committee shall be elected by the delegates of that Halqa/Ward. The President of all Village/Mohalla Committee shall be ex-officio members of the Halqa/Ward Committee.

Section 12

Zonal Committee: – There shall be a Zonal Committee in every zone comprising an assembly segment. Delegates of Zone shall elect 21 members amongst themselves for Zonal Committee who shall elect Zonal President who in turn shall nominate his office bearers. These delegates shall also elect from amongst themselves another 10 members for district electoral college to represent the zone in the election of District Committee.

Section 13

Every district shall have an Electoral College of 10 members from each Zone. This Electoral College will elect 31 members for District Committee. The District Committee so elected shall elect the President who shall nominate his office bearers in consultation with the Zonal Presidents. All Zonal Presidents within the districts shall be the ex-officio members of the District Committee.
Provided that the district of Jammu and Srinagar shall have two District Committees each comprising of rural and urban areas separately or as fixed by the State Executive Committee.

Section 14

State Executive Committee: – There shall be a State Executive Committee which should not exceed 51 members including the office bearers. These members and office bearers shall be nominated by the Party President. The MPs and legislators, presidents of all District Committees and Frontal Organizations shall be ex-officio members of the State Executive. The President may also nominate 5 members to the State Executive Committee from the delegates and allow any number of special invitees in a meeting. Such special invitees shall not have a vote.

Section 15

The Party President shall be elected by the Electoral College comprising a number of representatives from each district equal to double the number of Zones falling within that district. The representatives shall be elected by the District Electoral College from amongst themselves. The President shall have the power to create, re-designate, increase or reduce the number of posts for the smooth functioning of the organization.

Section 16

(a)Mr. Mufti Mohammad Sayeed is the lifelong Patron of the party.

(b) The President shall be the Head of the Party. He shall preside over all the meetings of the State Executives Committee and shall have a casting vote.

(c) The President in case of emergency may exercise all the powers and perform all the functions required to be exercised and performed under the constitution by the State Executive Committee provided always that all the actions taken by the President shall be placed before the State Executive Committee for ratification.

(d) In case of vacation of the office of President for any reason, the senior most Vice- President shall perform the official functions of the President till the election of new President. Such election shall be conducted within a period of three months, and the new incumbent shall hold office only for the remaining portion of presidential term.

Section 17

Vice-President: – There shall be two vice-presidents who shall assist the President in discharge of his official functions. In the absence of the President, the senior of the vice-president shall discharge his functions unless otherwise decided by the President.

Section 18

General Secretaries: – There shall be six general Secretaries, one for each Parliamentary Constituency who will be in-charge of the executive work of the Party and shall be executive officers of the State Executive Committee. They shall act under the guidance, supervision and advice from the President and the State Executive Committee.

Section 19

Secretaries: – There shall be seven Secretaries who shall perform the function and duties assigned to them under any nomenclature by the President. The secretaries may be designated as under:

  1. Political Secretary to the President of the Party.
  2. Press and Publicity Secretary, Kashmir.
  3. Press and Publicity Secretary, Jammu.
  4. Organising Secretary, Kashmir.
  5. Organizing Secretary, Jammu.
  6. State Secretary Central, Kashmir.
  7. State Secretary Central, Jammu.

Section 20

Chief Spokesperson:– The State Executive Committee shall have one chief spokesperson who shall represent the Party in live with its policies and under the advice, guidance and direction from the President.

Section 21

Treasuries: – There shall be one treasure of State Executive Committee who shall collect duties to the Party, effect all its payment, keep appropriate record and books and help the State Executive in financial administration of the Party.

Section 22

The term of State Executive Committees and other committees at all levels shall ordinarily be three years.

Section 23

In case of any vacancy in the State Executive Committee including the office bearers, caused bay removal, disqualification, death or resignation of any such member of office bearer, it shall be filled up by the remaining members and office bearers of the State Executive Committee and the member or office bearers so appointed shall hold the office only for the unexpired portion of the said members term. The same principal shall apply to the members and office bearers at the lower levels.

Section 24

Members of the State Executive Committee shall be eligible for re-election.

Section 25

Proceeding of the State Executive Committee: – The State Executive Committee shall meet at least once in every two months. Other meeting may be held either upon the advice of the President or at the request of the least one third of its members. The quorum of the meeting of the State Executive Committee shall be one third of its members present in person. If within a reasonable time after the time fixed for a meeting a quorum is not constituted, the meeting shall stand adjourned for a new date, hour and place to be fixed by the President.

Section 26

Powers of the State Executive Committee: –
(a) The State Executive Committee shall, in addition to the powers and functions assigned to it under various provision of the Constitution, be empowered with any, every and all functions pertaining to the administrative control and management of the affairs of the party and,

(b) Shall open and operate bank accounts, deposit and withdraw funds and/or accept donations. Such bank account or accounts as and when opened shall be operated jointly by Treasurer and the President or one of the General Secretaries authorized by the President in this behalf.

(c) Shall give effect to the decision taken by the State Council and shall be responsible to it.

(d) Shall have the power to dissolve any of the subordinate committee if the situation so demands.

(e) Shall appoint auditors for annual audit of various committees of the Party or for a special audit of any committee if so needed by any time.

CHAPTER IV
THE STATE COUNCIL

Section 27

There shall be a State Council Comprising members of the State Executive Committee Presidents of District and Zonal Committees, legislators and MPs of the Party and Heads of the Frontal Organisation, if any. The President shall be the Chairman of the State Councils and may allow any number of special invitees without a right to vote to participate in any meeting of the State Council.

Section 28

Annual General Meeting: – The State Council shall meet at least once in a year at a place to be fixed by the State Executive Committee taken into consideration the invitation(s) if any made by Zonal Committee for hosting such meeting at its expenses or with the assistance of the State Executive Committee as the later may decide. The meeting shall be presided over by the President who shall have a casting vote.

Section 29

The State Executive Committee shall prepare the agenda for Annual General meeting and incorporate in it on a priority basis, the recommendations and resolution, if any, made by the subordinate committee. The decision taken in the meeting shall be final.

CHAPTER V
POLITICAL AFFAIRS COMMITTEE

Section 30

Political Affairs Committee: – There shall be a Political Affairs Committee headed by the President comprising any number of members that he may deem sufficient. The members of the Committee shall be nominated by the President from amongst the member of the State Executive Committee. This committee will be the apex body for devising policies, action plans and deciding candidature for different elections etc. And may hold its meetings as and when convened by the Party President.

CHAPTER VI
DISCIPLINARY COMMITTEE

Section 31

The President shall appoint a Disciplinary Committee comprising 7 members to be headed by a member of the State Executive Committee who shall be the convener of the committee. The committee shall hear complaints of misconduct, indiscipline, violation of Party’s principles etc. Against any member or office bearer and make recommendations to the President who shall take appropriate decision.

CHAPTER VII
ELECTION BOARD

Section 32

(a) There shall be an Election Boards regulate conduct and supervise the party elections. The President shall within a period of three months from the date of his assuming office, constitute a three member Election Board headed by a Chairman who must be member of the State Executive Committee.

(b) The tenure of members of the board shall be three years, however a member shall be liable to be removed from office in accordance with the rules framed in this behalf by the State Executive Committee.

(c) The Election Board shall frame rules envisaging proper check and issuance of delegate cards in each Zone.

(d) The Election Board shall have the power to

  1. Fix date(s) for election of various committees and office bearers.
  2. Appoint returning officer, presiding officer, poling staff, observers etc.
  3. Frame rules and regulations in consultation with the Party President to regulate and facilitate the smooth conduct of party elections.
  4. Hear and finally dispose of complaints with respect to elections.

Provided that all complaints regarding election shall be heard by the Board and its decision shall be final.

Provided further that no member of the board shall be eligible to participate in the election for any position for which elections have to be conducted under this constitution.

CHAPTER VIII
DISTRIBUTION OF FUNDS

Section 33

The funds raised by subscription paid by the basic members and card holders shall be distributed in the following proportion between the various committees

State Executive Committee      25%
District Committee                     25%
Zonal Committee                        30%
Halqa/Ward Committee             10%
Village/Ward Committee           10%

 

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