Excelsior Correspondent
SRINAGAR, May 14: As the Parliamentary seat of district Anantnag is still vacant, the High Court today sought response from Ministry of Home Affairs, Government of India for not holding by-election to the constituency.
Justice Mohammad Yaqoob Mir today sought the response from Union Ministry of Home Affairs as its counsel has requested for some time to submit the response.
Justice Mir was hearing a petition filed by one Ghulam Mohammad Wani of Pulwama seeking direction on the authorities to hold the by-election for the Anantnag Parliamentary seat as early as possible.
Wani, who was All J&K Kissan Mazdoor Party candidate for the Parliamentary elections for the seat, had challanged the inaction of the respondents wherein the respondents failed to conduct Parliamentary by-election to Anantnag constituency. More than year has passed since the vacancy was created.
“The inaction of the respondents have denied the sizable population of their basic right of participation in democracy and denied the petitioner of his right to contest for the House of People. Respondents have failed to follow the procedure laid by the law on the point, relevant Section of the representation of People’s Act 1951”, petitioner Wani submitted.
It is further submitted in the petition that the by-election for the vacancy should have been conducted within the period of 6 months from the date of vacancy. “House of People still has more than a year as per its term and there has been no consultation with the Central Government regarding respondent (ECIs) difficulty in holding by-election within such constituencies”, Wani submitted through his counsel.
Union Government, petitioner said, for ulterior motives have sabotaged the process of elections as the requisition from the State Government, for the purpose of requiring additional forces, was not fulfilled and accepted by the Central Government.
Petitioner sought quashing and setting aside the order of Election Commission of India under its no: 100/ECI/ TERR/NOR-I/ J&K-HP/2017 (2, dt;1.5.2017)
However, Chief Electoral Officer, who is also party in the writ petition, has informed the court that due to prevailing law and order situation in Kashmir valley the Election Commission of India has rescinded by by-election for Anantnag Parliamentary constituency.
Pertinently 6 candidates were in fray who included Gh. Ahmad Mir of INC, Mufti Tasaduq for PDP, Sanjay Kumar Dhar for Rashtriya Samajwadi Party, Petitioner-Gh Mohammad Wani, Rakesh Koul-Independent and Sajad Ahmad Dar-Independent.
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