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| Court judgment on delimitation likely before summer vacations | | | Early Times Report
Jammu, May 22- The Jammu and Kashmir High Court today reserved its judgment on the much publicized case of delimitation of Assembly constituencies in the state. The judgment is expected to be announced before summer vacation of the High Court.
A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir, after hearing Advocate Bhim Singh, who is also President JKNPP, reserved the judgment. The case was first heard at Jammu in length and thereafter at Srinagar. Today the DB sought some clarifications from Bhim Singh and made some observations and reserved the judgment which is now expected to be announced before the summer vacation of the High Court.
Sheikh Abdur Rehman State President Samajwadi Party and JKNPP Chief Prof Bhim Singh in the PIL sought quashment of 29th Constitutional amendment (2002) debarring and deferring the constitution of Delimitation Commission for readjustments of seats in the J&K Legislative Assembly for around three decades and further submitted that this amendment was 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, Advocate SH Shah Ashrafi appearing for the PIL, submitted that upon completion of each census, the number, the extent and the boundaries of the territorial constituencies, shall have to be readjusted by such authority and in such manner as the legislature may bye-law determine and such readjustment shall not effect the representation in the legislative assembly until the dissolution of existing assembly.
It was further alleged in the PIL that Representation of Peoples Act 1957, which is the basic feature of Constitution and the 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 2031 around for the period of three decades, by means of the impugned amendment of the Constitution Act. It was 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. Advocate SH Shah Ashrafi and Advocate HC Jalmeria filed these PILs. JNF
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