“ J K D L P ” Aims & Objectives

1. The only solution of Jammu and Kashmir problem is of creating the independent and self ruled State of Jammu and Kashmir State.
2. The State of Jammu and Kashmir is geographically and politically one unit and indivisible. No part of this State is constitutionally or legally a part of any country.
3. The state of Jammu and Kashmir encompasses all those territories that formed it part on August 14, 1947.
4. Kashmir issue is not a territorial dispute between India and Pakistan. Our party does not recognize the resolution of January 4, 1949 of the United Nations that had been accepted by the Foreign Ministry of Pakistan after some modification. Our party also does not recognize Shimla Agreement because these agreements did not provide unconditional right of self-determination to the people living in the State.
5. No person not elected to the legislative assembly, no region of the State, no person or political leader or a foreign country enjoys the right to take any decision about any part of the state. The five units of the State, namely, Jammu, Ladakh, Kashmir Valley, Gilgit Baltistan and Poonch can elect their representatives and decide among themselves the nature of relationship they would like to have among the federating units on the basis of majority vote.
6. The interpretation of “azaadi” is that the forcible occupation of the State is to be resisted by the people of all the five units of the State by organizing civil disobedience movement and demonstration of public power based on the principle of non-violence and through democratic process. The State is to be liberated from occupational forces and a society based on the concept of peoples power is to be established in which (a) every man and woman will have the freedom to pursue his or her economic, religious and political beliefs (b) the governing system will be based on the principles of democratic justice and non-communal equality and tolerance (c) the state will be responsible for providing the people their basic needs, education, sustenance and medical facilities (d) no person belonging to the State will be forcibly deprived of his right to life and residence on the basis of his religious beliefs, ethnicity, caste, creed or language (e) education will be compulsory till Matriculation and child labour will be forbidden.
7. Any person who has been forced out of the State from 1947 till the attainment of freedom will have the legal right to return to the State and adopt permanent residence. (This would include the legal descendants of the people belonging to the State. The State shall be bound to provide legal and financial help to such people.
8. All the five units of the State of Jammu and Kashmir can enjoy internal autonomy and shall continue links with the central institutions of the State on the basis of free will, tolerance and justice.
9. The freedom struggle of the State of Jammu and Kashmir is a national liberation struggle. By describing it a religion-based movement means the division of the State. Our party considers the freedom struggle in the State as people’s struggle for freedom against the foreign occupants and in contravention of international principles. By people of the State we mean different nationalities living in the State.
10. Patriotism means faithfulness towards one’s country, towards its people, towards the history and culture of the community and safety and security of its borders and preservation of its sovereignty. Anybody or any party rejecting the internationally accepted interpretation of patriotism is not a patriot from our party’s point of view.
11. The people of the State have been fragmented into three different parts as a result of a division thrust on them. The result is that there is hardly a working relationship worth the name among the three units. Our party will launch an organized effort to establish just and healthy relations among all the people of all the three units of the State with the purpose of struggling against the occupational forces.
12. Our party believes in the welfare of the women of the State and their participation in the national movement and developmental plans as unavoidable. It believes in the protection and preservation of the basic rights of the women. It believes in bringing awareness among them through the spread of education. Jammu and Kashmir Democratic Liberation Party firmly believes in freedom, democracy and unity of the State.
JKDLP will continue its non-violent struggle for the realization of its principles and ideals. The Party will establish unity with patriotic and nationalist parties of Gilgit, Baltistan and Pakistan occupied Kashmir and launch a joint struggle for the freedom and prosperous social order in the entire State.
The JKDLP will extend invitation to the intellectuals, doctors, lawyers, engineers, professors, teachers and students to join the party in order to implement its objectives. It will implore the intelligentsia of the State to adopt a guiding role in the present criticize so that our future generations are spared the confusion and conflict whatsoever.
The present Chairman of the JKDLP, Mr. Hashim Qureshi has been struggling for last 37 years to pull the Kashmir nation out of the morass of confusion and make them aware of the right struggle for national liberation. Out of the morass of confusion and make them aware of the right struggle for national liberation. Out of this long period, he spent 9 years in solitary confinement and another 16 years in exile. Although Hashim Qureshi has the citizenship of Holland enjoying all the rights that are given to a Dutch national and although he had all the comforts of life available in the country, yet he gave these up and returned to his native land. Today he is facing the allegations of being atomic agent (Pakistani agent) and other accusations in the court of law. Prior to this, he along with Maqbul Bhat (the martyr) was dubbed as atomic agents (Indian agents) in Pakistan and was prosecute for various charges. There is only one reason for all this and that is that Maqbul Bhat and Hashim Qureshi both believe firmly in true Kashmiriat.
JKDLP laid the foundation of Maqbul National Welfare Association (MNWA) in 1994. Under this organization, we provided not only some financial assistance to many widows and handicapped persons but also supported some orphan boys and girls for their education. It is a registered charitable organization, which has been instituted by Hashim Qureshi in the memory of Maqbul Bhat, the martyr.
Under the auspices of MNWA, we are running an orphanage, a work centre for the women, a school up to 8th class for the orphaned children, one computer centre and a dispensary (in which doctors coming from outside will occasionally examine the patients). We acquired 16 kanlas of land for this purpose in Darbagh (Harwan). But the above mentioned programme can be really set afoot only with the support and co-operation of the people at large that should voluntarily come forward and make liberal contributions.
At the end of this pamphlet there is an appeal from MNWA, both in Urdu and in English. In short, young men, women and the conscientious people of the State, who agree with the programmers of the party and desire that Kashmir should be one among the prosperous and developed parts of the world, should join the Jammu and Kashmir Democratic Liberation Party. They should come forward to see right their own destiny and the destiny of the future generations of the peoples of the State.
Art. (5): Membership: (a) Every person irrespective of colour, caste, creed religion or sex shall be eligible to become a member of the party on payment of Rupees Ten as membership fee and shall be enrolled as such but only on the condition that he/she believes in and subscribes to the principles and objectives of the party as contained herein before and signs the membership form as prescribed in schedule II. After enrolment every such member shall be called a basic member of the party.
(b) Every village/ward committee shall maintain a register of enrolment in respect of all members and enter their name, parentage, residence, date of birth along with serial number in the register with copy there of to the concerned block committee. The block committee shall consolidate. The membership within its block with copy thereof to the concerned Tehsil committee, which in turn after consolidating membership within its Tehsil shall furnish copy thereof to the District Committee. The District committee shall in the similar manner consolidate membership within its division and furnish a copy thereof to the divisional committee which shall in turn after consolidating the membership at provincial level, communicate a copy thereof to the apex body (central executive) where the membership at state level shall be consolidated.
© Notwithstanding his enrolment, the membership of any member many be suspended or terminated by the chairman on grounds of moral turpitude or anti-party, anti-social, anti-people or anti-movement activities.
Provided that the membership of an office-bearer of the party at any level or that of an elected member of General Council or Central Executive Council, may be suspended or terminated only on the recommendations of a committee to be constituted by chairman specially for the purpose. Such committee shall recommend suspension or termination only after its finds such office bearer guilty of such conduct after giving him a reasonable opportunity of being heard and the division shall be taken by the chairman in consultation with central executive council.
Art. (6) Organizational structure:
(i) Besides a general council and a central executive council, the party shall have Divisional Committees at divisional level for all divisions of the state viz. Jammu, Kashmir, Ladakh, Mirpur and Gilgit; District Committees for different districts within divisions as set forth in Schedule III. Tehsil committees for various organizational Tehsils within districts as set forth in schedule IV; block committees within organizational blocks for Tehsils to be specified by the Central Executive Council and village or ward committees as the case may be within the organizational blocks for each ward/village; provided that the number of organizational blocks within a Tehsil shall not exceed seven.
Provided further, that on recommendations of the concerned District Committee, but subject to the number laid down here in above, the chairman may create a special organizational block, for a specific area or population, for special reasons.
(ii) All committees at divisional level shall have their separate offices and the following office bearers:
(a) President
(b) Vice-President
(c) Secretary
(d) Joint Secretary +Office Secretary
(e) Organizer
All committees from District to village/ward level shall have their separate offices and the following office bearers:
(a) President
(b) Vice-President
(c) Secretary
(d) Joint Secretary +Office Secretary
(e) Organizer
(iii) The office bearers of the committees at various organizational levels shall be known and addressed in a manner that identifies the status of the office bearer, such as vice chairman for presiding of divisional committee, District Secretary for secretary of the District Committee, Block Organizers for organizer of block committee and soon.
(iv) The office bearers shall have such powers and functions in their respective positions as are vested in them under this constitution.
(v) In addition to its office bearers, each committee shall have five members to be nominated by the concerned committee.
(vi) The decisions by the organizational committees shall be taken after due deliberations. In case of any difference of opinion, the majority view, to be ascertained by voting, shall prevail.
Art. (7) General Council
(a) The general council shall consist of the delegates elected one each by basic members of each block committee from all over the state.
(b) The general council shall be the supreme body of the organization and its decisions on all policy matters and organizational matters shall have overriding effect.
(c) The annual session of the General Council shall be convened by the chairman on 1st day of June every year regularly.
Provided that the chairman may of his own motion or on the motion of not les than twenty (20) members thereof in writing, convene a meeting of gen. council for any specific purpose allowed under this constitution.
Provided also that no such meeting shall be convened, within two months preceding or following the annual session and without fifteen days prior notice to the members.
Art. (8): Powers & functions of Gen. Council: - Following shall be the powers and functions of General Council.:
(a) To elect amongst its members the office bearers of central executive council; provided that no person holding an office at any level in the organization shall be elected to any other office.
(b) To deliberate and take decisions upon all matters of policy and those referred to it for consideration by the Central Executive Council from time to time, and to approve, modify, supplement or vary such decisions.
(c) To consider and take decisions upon motions of no confidence tabled against any office bearer of the Central Executive Council.
(d) To amend this constitution or any part thereof.
(e) To conduct such other business and perform such other functions as it is called upon by the Central Executive Council from time to time.
Provided that at its meetings every number of General Council shall have a single non-transferable vote.
Art. (9): Meeting of General Council: (a) the meetings of the General Council shall be called, convened and presided over by the chairman or in his absence by senior Vice Chairman and procedure of conducting business at such meetings shall be determined by him at each meeting in consultation with the General Secretary or in his absence with Dy. Gen. Secretary.
Provided that the meeting called for considering a motion of no-confidence against the chairman, shall be presided over by the senior Vice-Chairman, or in his absence by such person as in nominated by the General Council. Who shall determine the procedure for the meeting in consultation with the General Secretary.
(b) The agenda for meeting of Gen. Council shall be prepared by General Secretary under the instructions of chairman and shall be communicated to the members along with the notification of the meeting.
Provided that when the meeting is called to consider a no confidence motion against the Gen. Secretary, the Dy. Gen. Secretary shall act as the General Secretary in that meeting.
© The minutes of the meetings and the substance of decisions taken shall be recorded in a minute book by the General Secretary or in his absence by the Deputy General Secretary.
Art. (10): Central Executive Council: (a) The Central Executive Council shall consist of the office bearers duly elected by the members of General Council, the Presidents of all District Committees, and the office bearers and members of nominated by the chairman, subject to the condition that the number of members does not exceed forty-one (41) and is not less than thirty one (31)
(b) The Central Executive shall have the following office bearer: -
1. Chairman
2. Senor Vice-Chairman
3. General Secretary
4. Dy. Gen. Secretary
5. Chief organizer
6. Vice Chairman – 1st
7. Vice Chairman – 2nd
8. Vice Chairman – 3rd
9. Vice Chairman – 4th
10. Vice Chairman – 5th
11. Treasurer
12. Financial Secretary
13. Publicity Secretary
© The Chairman, Sr. Vice-Chairman, Gen. Secretary, Dy. Gen. Secretary shall be elected by the General Council. The above office bearers shall be elected by the General Council.
Art. (11): Powers and Functions of Central Executive Council: -
The powers and functions of the Central Ex. Council shall be as under:
(a) The Central Executive shall take decisions on day to day matters pertaining to the party and its programmes.
(b) To refer all matters concerning the basic structure of the party or involving crucial policy decisions and programmes to the General Council.
(c) To consider the complaints against any of its members or office bearers of the party involving their conduct in relation to matters pertaining to the party discipline or funds etc. and take suitable action there upon.
Provided that any such complaint against the chairman shall be placed before the General Council directly by the chairman himself or on the advice of the Central Executive Council within twenty one (21) days from the receipt of such complaint.
Provided further that in case of his failure to do so, the chairman shall be required to seek a vote of confidence from the Gen. Council within 30 days from the receipt of the complaint, failing which the senior Vice Chairman in consultation with Gen. Secretary shall be competent to convene a meeting of the Gen. Council according to the procedure laid down therefore and refer the matter for its decision. The Gen. Council shall take such decisions relating to the continuation or removal of the chairman in such manner as it deems proper.
(d) To devise ways and means consistent with the relevant provisions of this constitution to raise the party funds and have them audited yearly.
(e) To perform all such functions in the interests of the party and its programmes as and when it is called upon to do so from time to time.
Provided always that in every case of difference of opinion upon matter under consideration the majority view to be ascertained by voting shall prevail. Explanation: Every office bearer and members of the Central Executive Council shall have a single non-transferable vote at meetings of the Central Executive Council.
Art. (12): Meetings of the Central Executive Council:
(a) The meetings of the Central Executive Council shall be called or convened and presided over by the chairman and in his absence by the senior Vice Chairman, either of his own motion or on the written or verbal request of any member thereof with previous notice to all the members.
(b) The meetings shall be conducted by General Secretary under the supervision of the Chairman and proceedings along with decisions taken shall be recorded by the Gen. Secy. In the minute book to be maintained for this purpose. In absence of Gen. Secy the Dy. Gen. Secy. may act as Gen Secy. at the meetings of the Central Ex. Council.
(c) The agenda for meetings of the Central Ex. Council shall be prepared by Gen. Secy. under the instructions of chairman shall be communicated to the members along with the notification of the meetings.
Art. (13): Powers and Duties of the office bearers:
The term of the office bearers of the Central Executive Council shall be two years unless removed earlier under this constitution.
Chairman:
1. In addition to the powers and functions vesting under other provisions, following shall be the powers and duties of the chairman:
(a) The chairman shall be the head of the party and its Chief Executive, competent to speak and act in the name of the party.
(b) He shall be competent to summon, prorogue or adjourn the executive and general councils in accordance with the procedure laid down under this constitution.
(c) He shall preside over all the meetings of Central Executive Council and General Council.
(d) He shall control and operate upon the party funds in consultation with the Central Executive Council and have them audited and render annual account thereof to the Gen. Council at its annual meeting along with the auditor’s report. (e) He shall be the custodian of all movable and immovable property of the party and shall be responsible for its maintenance and safety.
(f) He shall take the general council into confidence on all political and organizational matters crucial to political programme of the party.
(g) It shall be the duty of the chairman to assure compliance of the provisions of this constitution.
(h) He shall have power to constitute special committees for specific purposes amongst the members of the Central Executive Council or General Council.
(i) He shall have the power to see and check the minute books and other records of all organizational committees or have them checked by any member of the Central Executive Council whom he shall authorize in this behalf.
(j) He shall have power to grant membership.
(k) He shall have power to remove, terminate or suspend the membership of any member in consultation with Central Executive Council.
(l) He shall, in the interests of the party and its programme exercise such other powers and perform such other functions as he is required to by the exigencies of situation.
(2) Senior Vice Chairman: - In addition to other powers and functions under this constitution, the senior Vice Chairman shall in absence of the chairman exercise all powers and perform all functions vested in the chairman.
(3) General Secretary: - In addition to other powers and functions the Gen. Secretary shall have the following powers and functions:
(a) He shall be the custodian of the seals, letter pads, banners, badges, minute books and other records of the party.
(b) With prior approval of the Central Executive Council he may act as the spokesperson of the party on specific matters and issues of political or organizational importance.
© He shall issue all statements and notifications required to be issued under this constitution from time to time under overall control of the chairman under his signatures.
(d) He shall conduct all meetings of the Central Ex. Council and General Council and maintain the minute books and other records.
(e) He shall exercise such other powers and perform other such functions as he is empowered by the Central Executive Council.
(f) He shall be the head of all other secretaries.
(4) Deputy General Secretary: - Besides powers and functions mentioned in other provisions of this constitution the Dy. General Secretary shall exercise in absence of General Secretary exercise all powers and perform all functions vested in General Secretary and further he may perform such functions as are assigned to him by the Central Executive Council.
(5) Treasurer: Following shall be the powers and functions of treasurer:
a) He shall be the custodian of the cheque books, pass books and other records pertaining to bank accounts of the party and account registers etc.
b) He shall maintain a daily account of the income and expenditure of the party funds, and submit such accounts to the chairman after every three months for his perusal and seek thereupon a certificate of perusal by chairman in writing.
c) With prior approval of the chairman, the treasurer may allow any member of the Central Executive Council or Gen. Council to see and check the account books maintained by the treasurer.
d) He shall also perform such other functions in connection with the funds and their expenditure as are assigned to him by the chairman from time to time.
(6) Chief organizer: Following shall be the powers and functions of Chief Organizer:
a) He shall fix the venue of the meetings with prior approval of the chairman.
b) He shall arrange organizational and public meetings with prior approval of the chairman.
c) He shall maintain discipline at party meetings.
d) He shall also perform such other functions as are assigned to him by the Chairman from time to time.
Art. (14): Divisional and other committees:
The powers and functions of the office bearers of Divisional, District, Tehsil, block and village/ward committees in respect of their respective committees shall be
(I) Divisional level committees:
(i) Vice-Chairman: The Vice Chairman shall be the head of his division and shall have the following powers and functions: -
(a) He shall preside over the meetings of the divisional committee and shall have the power to convene, prorogue or adjourn such meetings.
Provided that the meeting convened to consider a no confidence motion against him shall be presided over by the secretary or in his absence by such person. (b) He shall take his committee into confidence on all matters relating to his division.
(c) He shall maintain regular contact with the chairman on all organizational and political matters to seek his advice and keep him informed of all developments in his division.
(d) He shall honestly and faithfully implement the programmes of the party and the instructions of the chairman.
(e) He shall exercise such other powers and perform such other functions as are assigned to him by the Chairman consistent with the provisions of this constitution.
(ii) Secretary: The secretary of the division shall have following powers and functions: -
(a) He shall in absence of the Vice-Chairman act as Vice – Chairman and exercise all his powers/functions.
(b) He shall be the custodian of the seals, letter pads, banners, minute books and other records of his division.
(c) He shall issue all statements and notices etc. under his signature under the overall control of the Vice-Chairman.
(d) He shall conduct all meetings of the division and maintain the minute books and other records. Proceedings at such meetings shall be recorded by him in the minute book. Provided that in meeting convened to consider a no confidence motion against him, the joint secretary shall act in his place.
(e) He shall perform such other functions as are assigned to him by the Vice-Chairman of the division.
(iii) Joint Secretary: The joint secretary of the division shall have all powers and perform all functions of the secretary in his absence.
(iv) Organizer: Following shall be the functions of the divisional organizer: -
(a) He shall arrange organizational and public meetings with prior approval of the Vice Chairman.
(b) He shall fix the venue of the meetings with prior approval of the Vice Chairman.
(c) He shall also perform such other functions as are assigned to him by the Vice Chairman of his division from time to time.
(II) District level and other committees:
(i) President: The president shall be the head of his unit and shall have the following powers and functions: -
(a) He shall preside over the meetings of the committee and shall have the power to convene, prorogue or adjourn such meetings.
Provided that the meeting convened to consider a no confidence motion against him shall be presided over by the Vice President or in his absence by such person as is nominated by the committee by a majority vote.
(b) He shall maintain regular contact with the chairman on all organizational and political matters to seek his advice and keep him informed of all developments in his unit.
(c) He shall honestly, faithfully and with full zeal implement the programmes of the party and the instructions of the chairman.
(d) He shall take his committee into confidence on all matters relating to his unit. (ii) Vice President: The Vice President shall in absence of the President act as the President and exercise all his powers/functions.
(iii) Secretary: The Secretary of the unit shall have following powers and functions:
(a) He shall issue all statements and notices etc. under his signatures under the over all control of the President.
(b) He shall conduct all meetings of the unit and maintain the minute books and other records and shall record the proceedings of all the meetings in the minute book.
Provided that in meetings convened to consider a no confidence motion against him, the Joint Secretary shall at in his place.
© He shall be the custodian of the seals, letter, pads, banners, minute books and other records of his unit.
(c) He shall perform such other functions as are assigned to him by the President of the unit.
(iv) Joint Secretary: The Joint Secretary of a unit shall have all powers/functions of Secretary in letters’ absence.
(v) Organizer: The organizer of a unit shall have following powers/functions:
(a) He shall arrange organizational and public meetings with prior approval of the president.
(b) He shall fix the venue of the meetings with prior approval of the President. (c) He shall also perform such other functions as are assigned to him by the President of his unit fro time to time.
Art. (16): Elections
The party shall have its organizational elections after every three years on the 15th day of July.
Provided that the General Council may on the grounds of emergency, like public disorder or some other equally sufficient cause postpone the elections for such period as it deems proper.
Art. (16. A) Pattern of Elections
The pattern of elections shall be as follows:
The basic members of village/ward shall elect the office bearers of the village/ward committee, while as the basic members of a block shall, besides electing the office bearers of the block elect a delegate from amongst themselves.
The delegates of the blocks in a tehsil shall elect the office bearers of the tehsil committee, while those in a district shall elect the office bearers of District Committee.
The office bearers of the Divisional Committee shall be elected by the delegates of the Division. The delegates of the whole state shall constitute the General Council, who shall elect the Chairman, Sr. Vice Chairman, Vice Chairman of five divisions Gen. Secretary and Dy. General Secretary of the party executive.
Art. (16 B): The enrolment register maintained by the village/ward committee in respect of the basic members and the membership lists consolidated at different organizational levels in terms of Art 16-A of this constitution shall serve as the electoral rolls for purpose of election of the village/ward committees, block committee and the delegates. The list of delegates maintained at tehsil level and above, shall be the electoral roll for the purpose of elections to the organizational committees at different levels and the Executive Council.
Art. (16 C): Two months prior to the date of the expiry of his term, the chairman in consultation with the Ex-council shall constitute “Central Election Board” Consisting of 5 (five) members and designate one of them as the “Election Authority”. The election authority shall be the overall in charge of elections and along with other members of the board shall be responsible for impartial elections. The election authority in consultation with other members of the board shall constitute similar bodies at the district level to be named as “district electoral authority”. In district electoral office shall in consultation with his members appoint a polling authority for each Tehsil.
Provided that any person who is not a basic member shall not be eligible to be a member of the central of district election boards or the polling officer.
Provided further that none of the members of central and district election boards or polling authorities shall be eligible to seek elections to any committee or general council.
Art. (16 D): The polling authorities shall conduct the elections to village/ward committees, block committees and the election of delegates. Immediately after conclusion of each election, the polling authority shall declare the results on spot declaring the candidate having polled the majority of votes elected and forward the same to the district election board with a copy thereof to the central election board. In all cases, the polling authorities shall complete the elections of village/ward/block committees and delegates within 15 days of their appointment where after they shall cease to be the polling authorities. Immediately, after receiving the results of village /ward/ block and delegate elections the district election board shall in the manner it thinks fit, conduct the elections of the tehsil committees and thereafter those district committees. Immediately after every such election, the result thereof shall be declared on spot, declaring the candidates polling majority of votes as elected and district electoral authority shall forward the result of elections to the central election board. Immediately after receiving the result of the elections from the district election boards, the central election board shall convene the delegate sessions at divisional and state level and shall in the manner it thinks fit conduct the elections of office bearers to Divisional Committ3es and Ex – Council and then declare the candidates polling the majority of votes to be elected. Result of each such election shall be declared on spot immediately thereafter. The elections to divisional committees and Ex – Council shall be completed within 15 days from the receipt of election results from the district election board.
It shall be within the powers of the polling authority, the district election board, the central election board to issue notification and to frame summary rules to conduct the elections at their respective levels and lay down the calendar, the time table and the venue of such elections as also the Performa to be used for nomination, withdrawal of candidature and declaration of results etc.
Within 7 (seven) days of his election, as such, the chairman shall nominate members for various organizational committees and the Ex – Council, as provided for under their constitution in writing and intimate the same through a copy to the Central Election Board. Within one day of the receipt of such nomination, the central election authority shall publish a list of the members and office bearers of Ex – Council and the organizational committees for general information on the day the Central Election Authority sends the list for publication, the newly elected committees, councils and office bearers shall assume the charge of their respective committees, councils and offices from their predecessors.
Art. (17): Tenure of office bearers, their removal from office and filling and casual vacancy:
Art. (17 A): The tenure of Gen Council, Ex= Council, organizational committees and all office bearers shall be three (3) years from the date of publication of results by the Central Election Authority, unless removed earlier.
Art. (17 B): Any elected office bearer shall not be removable from his office without completing his tenure, otherwise than through a motion of no confidence tabled against him by at least 10% (ten percent) of the total number of concerned delegates jointly. For instance in case of chairman it shall by 1/10th of the delegates of the state, while in case of Sr. Vice Chairman or Vice Chairman of a division 1/10th of all delegates of the division concerned and so on. Such motion shall be debated in the meeting of concerned delegates to be convened within 15 days with prior notice to the concerned office bearer and the delegates. The office bearer concerned shall have a right to reply and clear his position during the debate. After the motion is passed, the concerned committee or council shall declare the office bearer concerned to have been removed from the office and shall intimate in writing the fact to the Ex – Council.
Art. (17 C): In case of removal from office of any office bearer, other than the chairman or creation of any casual vacancy due to the death, arrest or loss of whereabouts, the chairman shall make such arrangements in his place as he deems fit. While in case of removal of the chairman as such or casual vacancy of chairmanship due to the death, arrest or other reason, the Gen. Council shall in the same meeting in which it passes the vote of no confidence or at a special meeting to be convened for the purpose, either empower the Sr. Vice Chairman to act as the chairman for the remaining period of term or appoint an acting chairman in accordance with the provisions of this constitution.
Art. (18): Party funds
(A) The party shall have its funds to be raised from the following resources;
i) Membership fee
ii) Contribution by members and office bearers and
iii) Donations from other individuals, groups and firms etc.
Provided that funds shall be raised only on the authority of the Ex-Council and only from the sources above mentioned.
Provided further that no donations shall be accepted from any other political party of individuals, groups or firms of duties character or suspected of anti-religious or anti-social or illegal means.
(B) The amount of money received by Organizational Committees shall be deposited with the treasurer of Ex – Council within a week of receiving it against proper receipt. The committee may, however, receive such amount out of party funds from the chairman as are shown to be required for organizational affairs.
(C) The amount of funds shall be deposited in any branch of the J&K Bank Ltd. In the name of “Chairman Jammu & Kashmir Peoples Political – I Front” and shall be operated upon by him in consultation with the Ex – Council.
(D) The amount of party funds shall be maintained by the treasurer in the manner elsewhere mentioned in this constitution and the Chairman shall have the accounts audited by a chartered accountant at the close of the financial year and shall place the provisions of this constitution.
Art. (19): Party Property:
(A) All movable and immovable property of the party wherever lying or located shall be in constructive custody and possession of the Chairman. Any member or office bearer holding any party thereof shall be deemed to be holding it in the name of Chairman.
(B) The Chairman shall have all such property entered into a register to be maintained specifically for that purpose and shall be responsible for its maintenance and safety. He shall also have the physical verification thereof done at least once a year and shall on detection of any shortfall take such motion as he deems proper.
(C) At the time of being rev relieved or removed from the office, the chairman shall handover the charge of all such property to his successor, against a proper.
Art. (20): Amendments
(A) This constitution or any part hereof except the provisions contained in S-3 and S-10 (C) may be amended by the General Council by simple majority in its meeting specially convened for that purpose with at least fifteen days prior notice to members, after a motion for such amendment has been received by any member of the General Council.
(B) The provisions contained in S-3 & S-10 (C) of this constitution may be amended by the General Council by a 3/4th majority.
(C) In both cases mentioned at A & B above the quorum required shall be a minimum of eighty percent of total members of the General Council.
Art. (21): Emergency Provisions.
(A) In case of anything not expressly provided for or any eventuality not covered by the previsions of this constitution the Chairman shall in consultation with the Ex – Council like such steps or decisions as are deemed proper in the given situation.
Provided that all steps or decisions taken as such shall be subject to ratification by the General Council.
(B) In case of emergency, to be determined by the Chairman, in consultation with the Ex – Council, the General Council, may suspend any part of this constitution for such period of area as is deemed proper by a 3/4th majority of the members present and voting.
Provided that the numbers of members present and voting for the purpose shall not be less than eighty percent of the total members of the General Council.
Art. (22): Temporary visions:
Not withstanding anything contained in this constitution;
(A) Tell the time the organizational elections of the party are held, the persons holding party posts at different levels shall be deemed to be the duly elected office bearers of the party in respect of their posts.
(B) Till such elections, the Chairman of the party at present shall nominate the office bearers and members of the intern Ex-Council and shall also appoint the interim organizational committees at Divisional, Zonal, Block, Area and Village/Ward level.
(C) Till such elections, the office bearers of all organizational committee in existence and the members and office bearers of the Ex- Council shall function as the General Council of the party.
(D) The elected General Council shall in its first meeting adopt this constitution with such modification or variations as are deemed proper, where after this constitution shall not be altered or modified otherwise than under its provisions. With adoption of the constitution by elected General Council, the words “We the founders party” shall stand replaced by the words “We the elected delegates” and the word “interim” existing in preamble with reference to this constitution shall stand omitted.