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| PIL challenges delimitation moratorium | | | Early Times Reporter
Jammu | Dec 6: To re-appropriate his relevance in the present political scene, a veteran political and former Member of Parliament, Sheikh Abdul Rehman has filed a petition in the High Court challenging a legislation which puts moratorium on creation of new assembly constituencies in Jammu and Kashmir till 2026.
Sheikh Rehman, presently state president of Samajwadi Party, in his petition has described the constitutional amendment of 2002 as a violation of the Representation of Peoples Act.
The PIL filed through Advocate SH Shah Ashrafi says that upon completion of each census the number, the extent and boundaries of the territorial constituencies shall be readjusted by such authority and in such manner as the legislature may bye-law determined and such readjustment shall not effect the representation in the legislative assembly until the dissolution of existing assembly.
It is further alleged in the PIL Representation of People Act 1957 which is the basic feature of constitution and democratic set-up has been barred and deferred till year 2026, which would essentially means that the said constitutional democratic exercise would remain suspended till the 2031 around for the period of 3 decades, by means of the impugned amendment of the Constitution Act. It is further submitted that the 29th amendment of Constitution Act has the effect of altering the very basic features of the constitution and democratic set-up and the abridgment of right of free and fair exercise of the franchise of the citizens of the state.
In the PIL it has been prayed for quashment of proviso-II to sub-section 3 of section 47 of the constitution of J&K State, inserted by virtue of constitution of J&K (29th Amendment) Act of 2002 providing therein that it shall be necessary to readjust the total number of seats in the State Legislative Assembly till the year 2026, indirectly debarring the Constitution of Delimitation Commission fore readjustment of Seats in the State Legislative Assembly for around 3 decades void, derogatory of inconsistent with an ultra-virus the basic feature of the Constitution, violative of fundamental rights of the citizen of the State and also seeking direction to the respondent State to constitute delimitation Commission as contemplated under sub-section 3of section 47 of the Constitution and Section 3 and 4 of Representation of Peoples Act 1957. |
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