Challenge to J-K delimitation: SC asks Centre, Jammu and Kashmir Administration, Election Commission to respond

Tribune News Service

New Delhi, May 13

The Supreme Court on Friday asked the Centre, the J&K Administration and the Election Commission to respond to a petition challenging the decision to appoint a Delimitation Commission headed by Justice (retd) Ranjana Prakash Desai to redraw the Lok Sabha and Assembly constituencies in the newly created Union Territory.

A Bench led by Justice Sanjay Kishan Kaul asked them to file their responses to the petition filed by Srinagar residents Haji Abdul Gani Khan and Mohammad Ayub Mattoo in six weeks. Asking the petitioners to file their rejoinder affidavit in two weeks thereafter, the Bench posted the matter for further hearing on August 30.

Following a query from the Bench, the petitioners’ counsel clarified that he was not assailing the nullification of Articles 370 and 35A of the Constitution and the averments made in the petition in this regard can be ignored.

Questioning the legality of the delimitation exercise, the counsel said alteration of boundaries and inclusion of extended areas could not be done. As per the delimitation order, it’s the Election Commission which was empowered to do any changes.

At one point, the Bench cautioned him against making objectionable submissions and asked him to choose his words properly. Kashmir was always a part of India and only a special provision was done away with.

“If you were too anxious, then why didn’t you take it up two years ago?” the Bench asked the petitioners’ counsel.

Noting that the answer to the questions raised by the petitioners was in the J&K Reorganisation Act, Solicitor General Tushar Mehta said there were two types of delimitations – with regard to geography which was conducted by the Delimitation Commission and with regard to reservation of seats by the Election Commission.

The petitioners questioned the increase in the number of seats from 83 to 90 (excluding 24 seats in Pakistan Occupied Kashmir) in the Union Territory of Jammu and Kashmir, saying it went against Articles 81, 82, 170, 330 and 332 of the Constitution and statutory provisions, particularly Section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

They urged the top court to declare unconstitutional the March 2020 notification constituting the Delimitation Commission under Section 3 of the Delimitation Act, 2002 for being without power, jurisdictions and authority.

“While Art. 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?” the petition filed by Jammu and Kashmir residents Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo asked.

Since the last Delimitation Commission was set up on 12th July 2002, as per section 3 of the Delimitation Act, 2002, after the 2001 Census to carry out the exercise throughout the country, the Commission had clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of Delhi and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026, the petitioners contended.

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