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 STORIES5 hours ago

Police appeals public to be vigilant against 'mischievous' persons posting photos with DGP on social media | KNO

TOP STORIES7 hours ago

Exchange of fire bewteen terrorists, security forces at Bandipora's Renji forests: Police | KNO

TOP STORIES18 hours ago

ADGP Jammu conducts security review meeting at Rajouri | KNO

TOP STORIES20 hours ago

Expo Mart of int’l standard need of the hour in Kashmir: Chairman CEPC | KNO

TOP STORIES20 hours ago

Lok Sabha Elections: 5 more candidates file nominations for Srinagar seat | KNO

TOP STORIES20 hours ago

3 miscreants booked under PSA in Baramulla: Police | KNO

TOP STORIES20 hours ago

8 notorious drug smugglers booked in Bla: Police | KNO

TOP STORIES20 hours ago

Transport dept issues comprehensive advisory for tourists, taxi unions, others | KNO

TOP STORIES20 hours ago

Downtown resident paves space to young writers, comes up with ‘Koh-e-Maran’ | KNO

TOP STORIES20 hours ago

Northern Army commander facilitates outstanding achievers of joint training programme at 16 corps battle schools in Doda's Bhalra | KNO

TOP STORIES20 hours ago

J&K Police announces Rs 10 lakh reward for terrorist involved in Rajouri killing | KNO

TOP STORIES20 hours ago

Traditional 'Zool' festival observed with zeal at Aishmuqam shrine | KNO

TOP STORIES20 hours ago

May Allah show Ghulam Nabi Azad, Altaf Bukhari Sajjad Lone the right path: Farooq Abdullah | KNO

TOP STORIES20 hours ago

Mehbooba Mufti's Financial Decline: Assets Drop by Rs 13.34 Lakh in 5 years | KNO

TOP STORIES20 hours ago

Govt promotes J&K as Prime Spiritual Destination Amid Religious Tourism Surge | KNO

TOP STORIES20 hours ago

PDP has emerged as ‘C Team’ of BJP: Omar Abdullah | KNO

TOP STORIES20 hours ago

Srinagar Boat Tragedy: Rescue op for missing persons enters 8th day | KNO

Copyright © 2021