Express News Service
NEW DELHI: In a plea that 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, Central Government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bars 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 Center 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 the 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 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 ₹25,000.
Objecting to the locus of the writ, Modi Government in the plea has also 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.
“As Article 170 dealing with the Composition of Legislative Assemblies of States is concerned, the Petitioner has failed to acknowledge and appreciate Article 4 of the Constitution which grants power to make supplemental provisions and modifications (including delimitation], which would not amount to the amendment of the Constitution,” the affidavit states.
In the same plea, the apex poll body, Election Commission of India has said that it has no jurisdiction to comment on the vires of law under which the Delimitation Commission was set up. Referring to Article 329 of the Constitution which bars interference by courts in electoral matters, ECI has said that “Under. Article 329(a) of the Constitution, there is a bar on judicial interference regarding the validity of any law relating to delimitation of constituencies.”
“The notifications challenged have been issued by the Central Government under the Delimitation Act, 2002 and therefore the ECI cannot provide any opinion/comment regarding the validity of the same,” ECI in the affidavit has also said.
NEW DELHI: In a plea that 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, Central Government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bars 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 Center 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 the 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 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 ₹25,000.
Objecting to the locus of the writ, Modi Government in the plea has also 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.
“As Article 170 dealing with the Composition of Legislative Assemblies of States is concerned, the Petitioner has failed to acknowledge and appreciate Article 4 of the Constitution which grants power to make supplemental provisions and modifications (including delimitation], which would not amount to the amendment of the Constitution,” the affidavit states.
In the same plea, the apex poll body, Election Commission of India has said that it has no jurisdiction to comment on the vires of law under which the Delimitation Commission was set up. Referring to Article 329 of the Constitution which bars interference by courts in electoral matters, ECI has said that “Under. Article 329(a) of the Constitution, there is a bar on judicial interference regarding the validity of any law relating to delimitation of constituencies.”
“The notifications challenged have been issued by the Central Government under the Delimitation Act, 2002 and therefore the ECI cannot provide any opinion/comment regarding the validity of the same,” ECI in the affidavit has also said.
