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Constitutional Amendment needed for Doda LC seat
8/28/2009 11:22:46 PM
SANT KUMAR SHARMA
Jammu, August 28: Voting to fill up one vacant seat in the Legislative Council from Doda district will be held on September 15. The seat had fallen vacant after the resignation of sitting MLC Mohammed Sharief Niaz some time ago.
Mr Niaz had resigned from the Council as he was elected to the Legislative Assembly in a by-election from Bhaderwah constituency. The Bhaderwah seat had fallen vacant after former chief minister Ghulam Nazi Azad resigned from the assembly following his election to the Rajya Sabha.
According to sources, the notification for the Legislative Council seat will be issued on August 29. As per the schedule, the last date of filing nominations will be September 4. A day later, on September 5, all the nomination papers will be scrutinized.
The last date for withdrawal of nominations is September 7 and if necessary, voting will be held for the lone seat on September 15.
A peculiar situation prevails regarding the election for this seat as only a resident of Doda district can file the form for it, as per the Constitution of the state.
In the earlier scheme of things, when this seat was reserved for residents of the Doda district, the district comprised six constituencies of Doda, Bhaderwah, Kishtwar, Inderwal, Ramban and Banihal.
At that time, citizens living in any of the six legislative assembly constituencies named above were eligible for election against this seat.
Presently, however, the Doda district comprises only two constituencies of Doda and Bhaderwah. As such, only those citizens who are now living in these two constituencies can contest and will be eligible for election as MLC from the seat reserved for Doda district.
Sources in the assembly secretariat said that in due course of time, the government will have to carry out a constitutional amendment to restore the status quo ante. The status quo ante here refers to the status that prevailed before the division of Doda into three districts of Doda, Ramban and Kishtwar.
Some years ago, Mr Tassaduq Hussain of the Peoples Democratic Party (PDP) became MLC against a seat reserved for Poonch district. A resident of Darhal in Rajouri district (earlier a part of unidivided Poonch district), Mr Hussain’s election was set aside by a court later.
Instead, Mr M R Qureshi of the National Conference, hailing from Mendhar in Poonch, was declared elected.
Sources in the assembly secretariat said problems can arise in case of the Doda seat as well if candidates from Kishtwar and Ramban enter the fray. Due to the ongoing budget session, the political parties have not focused on this seat so far but things can change altogether in a day.
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