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| Court dismisses petition seeking deferring of elections | | | EARLY TIMES REPORT
JAMMU, Nov 12: Division Bench of J&K High Court Jammu Wing comprising Justice YP Nargotra and Justice Vinod Gupta today dismissed a CMP filed by Sheikh Abdur Rehman State President Samajwadi Party seeking stay on holding forthcoming legislative assembly elections in J&K till the Delimitation of Assembly Constituencies.
After hearing Advocate General DC Raina with Adv VIshal Bharti appearing for the state respondents, the Division Bench dismissed the petition CMP with the observations that since the election process has already commenced and is in progress, therefore, the prayer made in the CMP does not deserve to be allowed and this CMP is accordingly dismissed
In Public Interest Litigation, Division Bench further observed that reply to PIL has been filed and if the petitioner chooses he may file rejoinder within a period of two weeks.
This CMP filed through Adv S.H. Shah Ashrafi maintained that serious constitutional crises are inevitable in the state in case the elections are held without delimitation of territorial assembly constituencies, in so far as preceding decades the delimitation of constituencies has not been done and on the other hand the 29th amendment provides that till 2026 and subsequently till 2031, the mandatory constitutional exercise of delimitation of Assembly Constituencies by the Delimitation Commission shall not be conducted. Another substantial aspect of the case is that the Government recently created eight new Districts in the State and because of that such a situation has arisen where some parts/areas of one assembly constituency fall in the territorial jurisdiction of two districts which is quite contrary to the established practice/ conventions. Such a situation creates confusion and chaos among the people and is against the public interests. Under these circumstances, the holding of Assembly elections before delimitation of Assembly constituencies would entirely the unconstitutional and exercise in futility and would be against the larger public interest the petitioner in his CMP said. JNF |
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