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Published:August 21st, 2009 11:01 EST
J&K High Court Order on Delimitation:Panthers Party Appeals

J&K High Court Order on Delimitation:Panthers Party Appeals

By SOP newswire2

The Panthers Party filed Special Petition, appeal against the order of the J&K High Court dated 02.06.2009 in which the High Court had dismissed the Panthers Party writ petition seeking fresh Delimitation of the Assembly Constituencies in J&K on the basis of census of 2001. Section 47 of the Constitution of J&K makes it mandatory to hold Delimitation of the Assembly Constituencies after each census. Census is conducted after a gap of 10 years. There was no census held in 1991 because of the militancy and NC-Congress conspiracy to skip Delimitation.

Panthers Party filed petition in the High Court and the High Court dismissed the petition on the ground, since census is not mandatory and therefore Delimitation cannot be adjudged as obligatory. This was perhaps the first case in Jammu and Kashmir which involved the highest degree of public interest both in Kashmir and in Jammu. The Bench chaired by the Chief Justice Mr. Barin Ghosh heard the representatives of Bar Association of Kashmir in Srinagar and representatives of Bar Association in Jammu also. Prof. Bhim Singh made his appearance with a strong note in favour of the plea taken by the Panthers Party for holding Delimitation in the general public interest and rule of law both in Srinagar and in Jammu.

The Panthers Party in its appeal has maintained that the High Court of J&K has failed to appreciate the essence of Delimitation which is soul of parliamentary democracy and thus forms part of the basic structure of the Constitution. He has made a strong appeal for quashing the High Court judgement and directing both the Government of India and the Government of J&K to hold Delimitation of the Assembly Constituencies as is required within the meaning and scope of the Constitution. He made the plea that Justice Kuldip Singh Commission held Delimitation of Lok Sabha and Assembly Constituencies throughout the country except Jammu and Kashmir which proved discrimination against the people of Jammu and Kashmir. He also said that Article 370 needs amendment so that the discriminatory provisions against the people of Jammu and Kashmir are removed from that part of the Constitution to strengthen the constitutional relationship between Jammu and Kashmir and rest of the country.

 

Bansi Lal Sharma, Advocate