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| Delimitation takes new turn | | DB adjourns hearing till March 30 | |
Early Times Report
Jammu, Mar 13 The petition on delimitation of assembly seats took a new turn today when President Bar Association Jammu Senior Advocate Sunil Sethi, Senior Advocate AV Gupta and Constitutional Expert Advocate BL Kalgotra appeared in the larger interest of the people of State particularly people of Jammu whereas President J&K NPP Bhim Singh Advocate and Advocate SH Shah Ashrafi appeared and argued on constitutional amendment debarring and deferring the constitution of Delimitation Commission for readjustment of seats in the State Legislative Assembly for around three decades. Sheikh Abdur Rehman State President Samajwadi Party and J&K National Panthers Party have filed PILs challenging the 29th Constitutional amendment of 2002,
Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir after hearing in length adjourned the case till March 30, 2009. DB dictated this order in the open Court.
It is worthwhile to mention here that yesterday some advocates orally prayed before the Division Bench seeking permission for appearing in these Public Interest Litigations which the DB allowed them in their individual capacities and for argument in these PILs.
The PIL No 23/2007 has been filed by Sheikh Abdur Rehman State President Samajwadi Party and Ex-MP whereas the other PIL 24/2007 has been filed by J&K National Panther Party. Samajwadi Party in its PIL mentioned that 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 mean that the said constitutional democratic exercise would remain suspended till the 2031 around for the period of three 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 citizens 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. JNF
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