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 STORIES17 hours ago

Weather to improve from Mar 21, predicts MeT; snow, rain lash J&K for 5th consecutive day | KNO

TOP STORIES20 hours ago

Build strong, lasting connection with timeless traditions: LG Sinha to youth | KNO

TOP STORIES20 hours ago

Snowfall disrupts road connectivity across J&K, key highways closed | KNO

TOP STORIES20 hours ago

Kashmir markets bustling with last-minute Eid rush despite rain | KNO

TOP STORIES20 hours ago

J&K Bank logs Rs 8,300 crore Eid transactions across UT | KNO

TOP STORIES20 hours ago

SKIMS to fill 1,100 vacancies through JKSSB, JKPSC | KNO

TOP STORIES20 hours ago

CIK busts international cyber fraud racket in Srinagar | KNO

TOP STORIES20 hours ago

Parents in J&K demand urgent govt action as students stranded at Iran borders | KNO

TOP STORIES20 hours ago

Authorities in Sopore divert traffic, mark no-parking zones ahead of Eid | KNO

TOP STORIES20 hours ago

Pulwama B.Sc Nursing students seek relocation of exam centre | KNO

TOP STORIES20 hours ago

Kashmir bakers association recalls of distributing over 560 Eid kits to underprivileged families across Valley | KNO

TOP STORIES21 hours ago

Crescent not sighted, Eid on Saturday: Grand Mufti Nasir | KNO

TOP STORIES1 days ago

J&K Police's proactive, innovative strategy paying dividends | KNO

TOP STORIES1 days ago

Tight security arrangements put in place for Navratri at Vaishno Devi Shrine | KNO

TOP STORIES1 days ago

Northern Army Commander visits Jhangar, lauds troops for foiling infiltration bid | KNO

TOP STORIES1 days ago

Evening Aarti discipline of soul, expression of gratefulness: LG Sinha | KNO

TOP STORIES1 days ago

GOC Sharawat reviews preparedness of troops in Kathua | KNO

Copyright © 2021