Criminalisation from below – the Irony of Panchayati Raj in Bihar.

I am quoting a few examples of winning candidates at Madhepura in the three tier Panchayati Raj Election held recently in Bihar. Some of the seats of Chairman, Zila Parishad(District level), Pramukh (Block level) and Mukhiya (Village level) are reserved for weaker sections and women. So, many of these are proxy candidates and wives of the actual aspirant and the ones who would like to exercise power.
So, the Chairperson of Zila Parishad at Madhepura is Ms.Milan Devi (wife of Mr Siyaram Yadav, which one not sure because he has married more than once, and keeps many). Now Mr Siyaram Yadav runs a Theatre ( Nautanki group, which have in recent years become just a vulgar display of nautch (dance) by girls. It is said he married second time from amongst them). The Deputy Chairperson is Mr Ranbeer Kumar Yadav (a person with criminal background). But the case in point is the election of one Manoj Yadav as Pramukh of Patarghat Block of the neighbouring Saharsa District.His election only proves that criminalisation of politics begins from below and the law abiding citizens have no safeguard against criminal tactics and intimidation, and as such are under fear even to mention this before the authorities.
Manoj Yadav has 52 cases of murder, decoity, rape, ransoming, extortion etc., none of them can be considered anything less than ‘heinous’ crime. Manoj Yadav is a dreaded criminal who has been in jail for more than 6 months on several counts. He has committed crime across the state in many districts including Saharsa, Madhepura, Purnea. He is the main accused in Babhni Carnage in which many people were killed. He has broken away from jail and absconded. Manoj Yadav has managed to come out of Jail because there is no one to appear as witness in any of the case in which he is involved for the fear of life and property being targeted by this dreaded criminal and his gang.
Now, just to see how there is no law to stop such criminals from launching their political careers in Panchayati Raj institutions, so that they can rise to become ardent protectors of Criminalisation of Politics. So, any attempt by Election Commission to challenge criminalization often meets dead end.
After the 73rd Constitutional Amendment Act., Government of Bihar enacted the Bihar Panchyat Raj Act, 1993 (Replaced by Bihar Panchayati Raj Act,2006) and a three tier system of Panchayat Raj (Zila Parishad, Panchayat Samiti and Gram Panchayats) started functioning after general election in April/ May 2001.
There are 38 Zila Parishads (ZPs), 531 Panchayat Samitis (PSs) and 8471 Gram Panchayats (GPs) in the State of Bihar covering a rural population of about 7,43,21,103. At the state level the Panchayat Raj Department coordinates the functioning of the PRIs.
The 73rd (panchayati raj) amendment to the Constitution of India mandates the transfer of decision-making powers and resources in rural areas to local democratic bodies called panchayats. It aims at giving women, scheduled castes and scheduled tribes wider representation. The amendment was a revolutionary step in enabling true local self-governance.
However, the aims are not being achieved. Just to show how the Bihar Government has enacted the law to debar Teachers, Advocates, Professors et al from contesting the Panchayat Elections and made all arrangement for criminals to have a free for them in contesting, I’d like to quote Section 136 of the Panchayat Act 2006 which shows who can be disqualified. Section 136,(g)reads as,"has been sentenced by a criminal court whether within or out of India to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behavior under section 109 or section 110 of the Code of Criminal
Procedure 1973 (Act 2, 1974) and such sentence or order not having subsequently been reversed;".

Now we can see that criminals like Manoj Yadav, who have not been sentenced, or are not likely to be sentenced can go on contesting, and intimidating their way to victory. However, if any respectable person, who has been charged of being a threat to ‘law and order’ and on any occasion asked to pay a fine under Section 109 or 110 of Cr P C, will be debarred from contesting or will be disqualified if he wins.
It is pertinent to mention that Sh Nitish Kumar claimed to have countered “Jungle Raj” and allowed ‘Rule of Law’, which has now been restored in Bihar. But such laws and their implementation seriously raises questions on the motive of “Sushasan Babu” Nitish Kumar. However, more importantly it raises bigger questions on the political system in India being insensitive to the menace of “CRIMINALISATION” of Politics, rather functioning as its perpetuator. So, hopes are on movements like “fighting corruption in India” of Anna Hazare also taking up crutches of “fighting Criminalisation of political system in India.”