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 STORIES4 hours ago

AK-47, grenades, rounds recovered from Handwara Hideout | KNO

TOP STORIES7 hours ago

Cabinet expansion likely after GST Council meet, talks with Farooq Abdullah: CM Omar | KNO

TOP STORIES23 hours ago

No policy to shut PSUs in J&K: Dy CM Surinder Choudhary | KNO

TOP STORIES23 hours ago

Rain lashes J&K parts, light showers likely over few days | KNO

TOP STORIES23 hours ago

Superannuation age of judges in J&K raised to 62 | KNO

TOP STORIES23 hours ago

Census 2027: Snow-bound population enumeration completed in J&K, Ladakh | KNO

TOP STORIES23 hours ago

J&K adds 2.25 lakh ration beneficiaries, removes 56,664 since Jan 2026 | KNO

TOP STORIES23 hours ago

Ladakh Police performs duty in most challenging conditions: LG Saxena | KNO

TOP STORIES23 hours ago

Fatty liver ‘epidemic’ may trigger rise in transplant demand: GMC expert | KNO

TOP STORIES23 hours ago

SMC links release of gazetted officers’ salary to home composting compliance | KNO

TOP STORIES23 hours ago

Bandipora’s Saderkoot Bala quarry sealed over alleged illegal mining | KNO

TOP STORIES23 hours ago

J&K, Ladakh braces for 400 MWs power paucity | KNO

TOP STORIES23 hours ago

Home Department declares Pantha Chowk sheds as temporary holding center for illegal migrants | KNO

TOP STORIES23 hours ago

Decisive leadership secured peace, confidence in J&K: Centre | KNO

TOP STORIES23 hours ago

Drone-dropping module busted in Jammu, 4 arrested | KNO

TOP STORIES23 hours ago

CMO GMC Baramulla faces probe over private company link | KNO

TOP STORIES23 hours ago

Army Commander reviews operational preparedness in Rajouri, Kalakot | KNO

Copyright © 2021