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| PIL seeking constitution of Delimitation Commission | | DB directs AG to file objections within two weeks | | Early Times Reporter
Jammu | Apr 11
Division Bench of J&K High Court Jammu Wing, comprising Chief Justice KS Radhakrishnan and Justice Sunil Hali, today in a Public Interest Litigation filed by Sheikh Abdul Rehman, State President Samajwadi Party and Ex-MP challenging the 29th Constitutional Amendment (2002), granted two weeks time to Advocate General AH Naik for filling objections.
The PIL filed through Adv S. H Shah Ashrafi seeks quashment of 29th Constitutional amendment (2002) providing that it shall not be necessary to readjust the total number of seats in the state Legislative Assembly till the year 2026, indirectly debarring and deferring the constitution of Delimitation Commission for readjustments of seats in the J&K Legislative Assembly for around three decades, be void derogatory inconsistent with and ultra virus of the basic features of the constitution. This amendment is violative of fundamental rights of citizens of the state and repugnant to the provisions of Representation of People Act 1957 and Constitution of India.
During the course of arguments, Adv Ashrafi appearing for the PIL submitted 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.
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 three 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 3 of section 47 of the Constitution and Section 3 and 4 of Representation of Peoples Act 1957. JNF |
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