NEW DELHI: In a plea which challenges the move of the Delimitation commission of redrawing poll constituencies in Jammu and Kashmir and increasing the tally of Assembly seats from 83 to 90, the Central government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bar challenge to the orders of the Commission once they are published in the Gazette of India.
“The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Centre states.
The affidavit has been filed in the plea preferred by Srinagar-resident Haji Abdul Gani Khan who also has challenged the notifications issued in 2020 by the Ministry of Law and Justice for constituting Delimitation Commission to take up delimitation in the UT of J&K. It has been argued in the petition that the constitution of the commission was without power, jurisdiction and authority.
On May 13, 2022 a bench of Justices SK Kaul and MM Sundresh had sought a response from the Center, the Jammu and Kashmir administration and the Election Commission of India (ECI). On August 30, the bench while expressing displeasure on the failure to file the response had said if the Center fails to file its response within a week, the affidavit will be accepted by the registry only with a fine of Rs 25,000.
Objecting to the locus of the writ, the Centre in the plea has said that the plea is not maintainable as the commission was set up in 2020. It has also been contended that draft orders of the Delimitation Commission inviting comments were published in the Gazette on March 14, 2022 and delimitation of the constituencies in Union Territory of Jammu & Kashmir is not violative of Article 170 of the Constitution which deals with composition of Legislative Assemblies of States. “The ECI cannot provide any opinion/comment regarding the validity of the order,” the ECI in the affidavit.
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