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 STORIES1 days ago

Army tightens winter vigil along LoC in Jammu amid low snowfall | KNO

TOP STORIES1 days ago

‘From skiing to rafting — J&K offers every adventure experience’ | KNO

TOP STORIES1 days ago

PMGSY Ganderbal finalizes snow clearance strategy | KNO

TOP STORIES1 days ago

J&K records 34 SC, ST ‘Atrocities Act’ cases in 5-years | KNO

TOP STORIES1 days ago

Pulwama administration issues advisory amid severe cold wave | KNO

TOP STORIES1 days ago

Fog, sub-zero temperatures grip Kashmir; snowfall likely | KNO

TOP STORIES1 days ago

Kashmir’s dry spell deepens | KNO

TOP STORIES1 days ago

Sgr airport conducts winter preparedness drill ahead of fog, snow season | KNO

TOP STORIES1 days ago

Srinagar suffers amidst air pollution | KNO

TOP STORIES1 days ago

J&K gets Rs 350 Cr for SC, ST components: GoI | KNO

TOP STORIES1 days ago

Low fibre diet, inactive lifestyle major triggers of constipation, say doctors | KNO

TOP STORIES1 days ago

‘New hope for congenitally deaf children’ | KNO

TOP STORIES1 days ago

Justice, jobs, dignity for terror victim families top priority: LG Sinha | KNO

TOP STORIES1 days ago

KNO exclusive— Oath vs Constitution: J&K Govt seeks legal opinion to decide dissolution date of district development councils | KNO

TOP STORIES1 days ago

CM Omar calls for reopening of closed tourist destinations in Jammu and Kashmir | KNO

TOP STORIES1 days ago

Military actions like ‘Operation Sindoor’ underline need for close coordination: Army Chief | KNO

TOP STORIES1 days ago

Accessible, affordable healthcare has become a reality in J&K under PM Modi’s leadership: LG Sinha | KNO

Copyright © 2021