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 STORIES10 hours ago

Srinagar records season’s hottest day at 35.9°C, MeT forecasts widespread rainfall from tomorrow | KNO

TOP STORIES10 hours ago

Amarnath, Mata Vaishno Devi Yatras suspended amid weather alert | KNO

TOP STORIES10 hours ago

Nothing matches the power of writing: LG Sinha | KNO

TOP STORIES10 hours ago

NC leaders head to Delhi for statehood protest | KNO

TOP STORIES10 hours ago

Omar seeking statehood for Abdullah family’s ‘royal lifestyle,’ not people: LoP Sunil Sharma | KNO

TOP STORIES10 hours ago

Crisis in Hill Council Kargil | KNO

TOP STORIES10 hours ago

LG Sinha to lead ‘Mulaqat’ interfaith dialogue in Baramulla today | KNO

TOP STORIES10 hours ago

Govt extends summer vacation for Kashmir schools till Wednesday | KNO

TOP STORIES10 hours ago

Jailed MP Er Rashid supports statehood protest, rejects NC's ‘diluted’ politics | KNO

TOP STORIES10 hours ago

Kashmir’s premium cherries, plums reach Singapore market for first time | KNO

TOP STORIES10 hours ago

Smartphones are replacing childhood before children learn to live: Psychiatrist | KNO

TOP STORIES10 hours ago

Manasbal Water Sports Festival draws 200 participants, promotes adventure tourism | KNO

TOP STORIES11 hours ago

Body of missing 10 year old boy recovered from Kishenganga after 12 days | KNO

TOP STORIES11 hours ago

Driver killed after tractor overturns in Budgam | KNO

TOP STORIES11 hours ago

Community volunteers plant over 100 deodar saplings in Budgam | KNO

TOP STORIES11 hours ago

CS assesses the 'Data Management Strategy' for J&K | KNO

TOP STORIES11 hours ago

Div Com Kashmir reviews preparations for Independence Day Celebrations | KNO

Copyright © 2021