Lawstreet Journal

Jammu And Kashmir Residents Approach Supreme Court Challenging Delimitation Exercise In The Union Territory

Lawstreet Journal 30 Mar 2022 8:37am

Image courtesy: Lawstreet Journal Executive Jammu And Kashmir Residents Approach Supreme Court Challenging Delimitation Exercise In The Union Territory

Two residents of the Union Territory  of Jammu and Kashmir have moved the Supreme Court to challenge the directions of the Central Government given in March 2020 for appointing the delimitation commission to redraw Lok Sabha and assembly constituencies of the Union Territory Jammu and Kashmir.

BACKGROUND 

Delimitation is the an essential process for election through which boundaries of Lok Sabha and state assembly seats are redrawn in order to represent the actual changes in the population. This process needs to be conducted before the elections are held so that the population can be properly represented in the elections. 

CONTENTIONS OF THE PLAINTIFF 

The plea has been filed through M/S LAWFIC and it has been drafted by Senior Advocate Ravi Shankar Jandhyala.

Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo have filed a petition seeking a ruling that the Delimitation Commission's constitution is invalid.
Importantly, the plea questions as to when Art. 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, then why UT of Jammu and Kashmir had been singled out. In this regard, the plea further argues that any move to increase the number of seats in Jammu and Kashmir must be preceded by a Constitutional Amendment, besides the amendment of Elections Laws, namely, the Delimitation Act, 2002 and the Representation of People Act, 1950. 

NOTIFICATION OF THE GOVERNMENT 

the Union Government had issued a notification on March 6, 2020, in the exercise of power under section 3 of the Delimitation Act, 2002, constituting… Continue Reading...


Tagged: Jammu & Kashmir   jammu and kashmir  
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