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 STORIES13 hours ago

Amarnath Yatra symbol of unity, brotherhood; 20,000 pilgrims have paid obeisance, more on way: LG Sinha | KNO

TOP STORIES13 hours ago

Amarnath Yatra 2025: Amid multi-layer security cover, over 26,000 pilgrims pay obeisance at holy cave shrine in 2 days | KNO

TOP STORIES13 hours ago

8th Muharram: Traditional procession carried out though Lal Chowk for 3rd straight year | KNO

TOP STORIES13 hours ago

8TH MUHARRAM PROCESSION: Top officers step out of their official roles; offer water to mourners | KNO

TOP STORIES13 hours ago

J&K Admin, Police, Health Deptt, volunteers join hands to facilitate 8th Muharram procession in Srinagar | KNO

TOP STORIES13 hours ago

J&K govt enhances MLA development fund to Rs 4 crore | KNO

TOP STORIES13 hours ago

J&K's future lies in hands of young scientists: CM Omar at SKAUST-K Convocation | KNO

TOP STORIES13 hours ago

Heatwave: Sgr records 2nd hottest day of season at 35.3 degrees Celsius | KNO

TOP STORIES13 hours ago

Prolonged heatwave, dry spell threatens Kashmir’s horticulture sector | KNO

TOP STORIES13 hours ago

Catastrophe in the Making: Kashmir’s annual rainfall declines by around 5 mm per year, reveals Study | KNO

TOP STORIES13 hours ago

As Dachigam tops, MEE recommends ‘Greater Dachigam Landscape’ for Hangul survival | KNO

TOP STORIES13 hours ago

Banderpora Kakapora farmers suffer as irrigation pump lies defunct | KNO

TOP STORIES13 hours ago

Sheep Husbandry Dept clarifies training norms in promotion row | KNO

TOP STORIES13 hours ago

Youth drowns to death in Jhelum at Batwara | KNO

TOP STORIES14 hours ago

LG addresses 6th Convocation Ceremony of SKUAST Kashmir | KNO

TOP STORIES14 hours ago

CM Omar Abdullah urges youth to lead J&K's transformation | KNO

TOP STORIES14 hours ago

Devesh Chaturvedi visits agricultural institutions, facilities in Kashmir | KNO

Copyright © 2021