SC reserves verdict on petition against J&K’s delimitation, Legal News, ET LegalWorld – Legal Firms


The Supreme Court has reserved its verdict on a plea challenging the Centre’s decision to constitute a delimitation commission for redrawing the assembly and Lok Sabha constituencies in Jammu and Kashmir following notifications of 2020, 2021 and 2022.

A bench of justices Sanjay Kishan Kaul and Abhay S Oka reserved the orders on Thursday after hearing detailed submissions from Solicitor General Tushar Mehta, the counsel for Election Commission, and the petitioners.

Petitioners Haji Abdul Gani Khan and Mohammad Ayub Mattoo had contended that the delimitation notification, which directed the process to be carried out in Jammu and Kashmir on the basis of 2011 population census was unconstitutional as no population census operation was carried out in 2011 for J&K.

The Centre and Election Commission had defended the process. The Centre, in its affidavit, had submitted that the pleas were nothing but a frivolous attempt to challenge the orders of the delimitation commission. The Election Commission had submitted that there was a bar on judicial interference regarding the validity of any law pertaining to delimitation of constituencies.

The plea had sought declaration that the increase in the number of seats from 107 to 114 (including 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir was against constitutional and statutory provisions, particularly under section 63 of the Jammu and Kashmir Reorganisation Act, 2019.


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