Jammu & Kashmir Delimitation: Supreme Court reserves judgment

Jammu and Kashmir

The Supreme Court on Thursday reserved its judgement on the filed by Srinagar-resident Haji Abdul Gani Khan, questioning the legality of the delimitation exercise conducted in terms of the notifications issued in 2020 and 2021.

A bench of Justices S K Kaul and Abhay S Oka heard the submissions from Solicitor General Tushar Mehta, counsel for the center government and the lawyer of the petitioners.
“Arguments heard. Judgement reserved,” the bench said.

Appearing for center government
Solicitor General Tushar Mehta, said that First delimitation Commission notification came in 2020. The issue could have been filed before the court and all issues could have been argued. The petition however was filed only in 2022 after notification of Delimitation was issued.

SG also submitted madhya pradesh delimitation judgement. parliament by enacting section 10 wanted to ensure that Delimitation once notified would have force of law and could not be challenged in court, SG said

Election commission’s advocate said that the draft Delimitation notification was published for public objections in March 2022 thereafter time given given for public comment/suggestions. Public sitting was also held on the issue.

After may 2022 the notification has force of law. All procedure followed before publication of the Delimitation notification

Eariler the Central Government had said that it wanted to file some more documents in this matter. On this, the court had allowed the government to file additional documents. The petition has challenged the government’s decision to set up a Delimitation Commission for the redrawing of assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir, terming it as a violation of constitutional provisions.

The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Centre said. 

On August 30, 2022, the Supreme Court had refused to stay the proposed delimitation process of the constituencies of Jammu and Kashmir. The court had asked the petitioner to challenge the notification issued in 2020, where were you sleeping for two years till now?

On May 13, the bench had issued notices to the Centre, the Jammu and Kashmir administration and the Election Commission of India (ECI) on a petition filed by Srinagar-resident Haji Abdul Gani Khan, questioning the legality of the delimitation exercise conducted in terms of the notifications issued in 2020, 2021 and 2022.

On May 5, the three-member delimitation commission finalised the UT’s new electoral map, marking the first step for elections in the region since its special status was scrapped in August 2019.

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About the Author: Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008