Connect with us

JAMMU & KASHMIR

J&K Delimitation Commission’s orders cannot be questioned in any Court | KNO

‘Its orders have same effect as if they are law made by Parliament itself’

Published

on

kno news

Srinagar, June 01 (KNO): The orders of delimitation commission set-up by the Government of India for fixing boundaries of Assembly and Parliamentary segments in Jammu & Kashmir cannot be challenged in any court.

The law governing creation of the body makes it unambiguously clear that its every order shall have the force of the law and shall not be called in question in any court. “Upon publication in the Gazette of India, every such order shall have the force of law and shall not be called in question in any court,” reads sub-section (2) of section 10 of Delimitation Commission Act-2002, a copy of which is available with the news agency—Kashmir News Observer (KNO) Similar provisions also existed in the law and J&K constitution under which delimitation process was carried out in the erstwhile state of Jammu and Kashmir.

“The Delimitation Commission shall cause its order made under clause (d) of sub-section (3) of section 4 to be published in the Gazette, and upon such publication, the said order shall have the force of law and shall not be called in question in any court,” read Jammu and Kashmir Representation of Peoples Act-1957. The law is no more applicable to J&K from October 31 last year after the Parliament approved its scraping on August 5- the day when Article 370 was abrogated by BJP-led Central government. In 1977, the Jammu and Kashmir High Court ruled that it cannot even investigate whether the notification published by Delimitation Commission under Section 4(B) of Representation of Peoples Act is reasonable.

“We accordingly hold that the orders under section 4 and 4B of the Representation of Peoples Act which govern the adjustment of number of seats and delimitation of Assembly constituencies cannot be enquired into the Court in view of the bar contained in section 142 (a) of the Constitution of Jammu and Kashmir,” a two-judge bench headed by Justice A.S. Anand and Justice I.K. Kotwal ruled. As already reported, a three-member delimitation commission headed by former Supreme Court Judge, Justice Ranjana Desai has been set-up to undertake delimitation of Assembly and Parliamentary segments in J&K. National Conference has decided against participating in proceedings of the panel as associate members, reasoning that it would tantamount to accepting August 5 decision—(KNO)

Trending

TOP STORIES6 hours ago

Firing incident reported at Miran Sahib Jammu, case registered | KNO

TOP STORIES8 hours ago

Ganderbal village urge authorities to install electric transformer | KNO

TOP STORIES8 hours ago

Back-to-back WDs: Whiteout in several areas, rains lash plains | KNO

TOP STORIES8 hours ago

Pernote land sinking affected people relocated to safer places | KNO

TOP STORIES8 hours ago

CS reviews flood management, mitigation plan for Kashmir | KNO

TOP STORIES8 hours ago

PC committed to ensure genuine representation of people: Sajad Lone | KNO

TOP STORIES8 hours ago

4 notorious drug peddlers booked in Sopore: Police | KNO

TOP STORIES8 hours ago

LS polls -2024 | KNO

TOP STORIES8 hours ago

South Kashmir residents demand bridge over Ranbiara in Rakh | KNO

TOP STORIES8 hours ago

Inclement Weather Forecast: Health dept asks hospital authorities to stay prepared | KNO

TOP STORIES8 hours ago

CBI officer dies in Jammu road accident | KNO

TOP STORIES8 hours ago

Azad Dismisses Pre-Poll Alliance Prospects with Apni Party, Peoples Conference | KNO

TOP STORIES8 hours ago

Budgam teenager's innocent vlog takes internet by storm, wins millions of hearts | KNO

TOP STORIES8 hours ago

Taking Article 370 to Supreme Court was NC, PDP's well planned conspiracy to lose it forever: Altaf Bukhari | KNO

TOP STORIES8 hours ago

Beyond the Crowds: Tourists Opt for Serenity in Kashmir's off-beat destination | KNO

TOP STORIES8 hours ago

BJP, its allies admit defeat by seeking deferment of polls: Vikar Rasool | KNO

TOP STORIES8 hours ago

Gandbal boat tragedy: Second missing minor boy’s body recovered | KNO

Copyright © 2021