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 STORIES9 hours ago

Cong won’t join Govt till Centre restores ‘snatched rights’ of J&K people: Karra | KNO

TOP STORIES9 hours ago

Providing quality health care to citizens is our obligation: CM Omar | KNO

TOP STORIES9 hours ago

CM Omar reviews drainage system of Srinagar city | KNO

TOP STORIES9 hours ago

J&K to remain hot, humid over next 10 days: MeT | KNO

TOP STORIES9 hours ago

M K Sinha posted as J&K's Intelligence Chief | KNO

TOP STORIES9 hours ago

Uproar over posting of JKAS officer in Legislative Assembly | KNO

TOP STORIES9 hours ago

Speaker Rather calls for early reopening of Yousmarg, says thousands dependent on tourism | KNO

TOP STORIES9 hours ago

Seasonal influenza may rise, health authorities issue advisory | KNO

TOP STORIES9 hours ago

Daily wagers to protest on Sep 1 over regularisation delay | KNO

TOP STORIES9 hours ago

7-years on, Tral awaits proposed fruit mandi at Nowdal | KNO

TOP STORIES9 hours ago

Lieutenant Governor’s greetings on Raksha Bandhan | KNO

TOP STORIES9 hours ago

DIPR announces cash prizes across nine categories for 1st International Film Festival of J&K | KNO

TOP STORIES10 hours ago

Sujit Kumar is new IGP Kashmir as J&K govt reshuffles 14 police officers | KNO

TOP STORIES1 days ago

Iqbal Hassan Moona among 35 accounts officers granted non-functional pay scale | KNO

TOP STORIES1 days ago

Kashmir celebrates Eid-e-Milad-un-Nabi (SAW) with religious fervour, enthusiasm | KNO

TOP STORIES1 days ago

Dargah Hazratbal filled with devotees as ‘Moi-e-Muqaddas’ displayed on Eid-e-Milad-un-Nabi (SAW) | KNO

TOP STORIES1 days ago

Advanced healthcare must no longer remain luxury confined to metropolitan cities: LG Sinha | KNO

Copyright © 2021