Excelsior Correspondent
JAMMU, May 2: The Election Commission today cancelled May 25 Anantnag Lok Sabha by-poll taking into account the unrest in the Kashmir valley especially South Kashmir and large-scale violence witnessed for Srinagar Parliamentary constituency by-election on April 9 in which nine civilians were killed and over 200 others were injured while several polling stations were damaged and Electronic Voting Machines (EVMs) looted.
The State Government through then Chief Secretary BR Sharma and Director General of Police (DGP) Dr Shesh Pal Vaid had written two separate letters to the Election Commission of India seeking cancellation of Anantnag by-poll on the ground that situation was not conducive for undertaking such an exercise at present.
The election had earlier been postponed twice but not it has been cancelled.
Outgoing Chief Electoral Officer (CEO) Shantmanu told the Excelsior that with cancellation of the election, Model Code of Conduct (MCC) has been withdrawn immediately from all four districts of South Kashmir including Anantnag, Pulwama, Shopian and Kulgam, which comprised Anantnag Parliamentary constituency.
Shantmanu said with cancellation of the election, now the entire process has to be set into motion afresh whenever the Election Commission decided to hold election to Anantnag seat.
The by-poll was necessitated after Chief Minister and PDP president Mehbooba Mufti vacated Anantnag Lok Sabha seat on July 3, 2016 after she was elected to the Legislative Assembly from Anantnag seat. It had to be held within six months i.e. before January 3, 2017 but was deferred on request of the State Government in November 2016 on request of the State Government that situation was not conducive for it. The Election Commission had then proposed Srinagar and Anantnag by-elections on April 9 and 12 but after violence during Srinagar election, Anantnag by-poll was put off to May 25. Now it has been cancelled.
The Union Law Ministry was now required to issue another notification to defer the election beyond July 3. First such notification was issued after the election was postponed beyond January 3, 2017.
Mehbooba’s brother, Tasaduq Mufti was pitted against PCC (I) chief GA Mir in straight fight for Anantnag seat though some Independent candidates were also in the fray. Mir was joint candidate of Congress and National Conference. NC president Dr Farooq Abdullah had won Srinagar by-poll defeating PDP’s Nazir Khan in low turnout election, where only 7.14 per cent electorates had exercised their right to franchise.
“The State Government officials had informed the Election Commission that the situation in South Kashmir “is not good, the overall situation is scary and not very conducive (to the holding of polls),” the EC said in a 10-page order issued while announcing cancellation of the by-election.
The three-member Commission comprising Chief Election Commissioner Dr Nasim Zaidi and Election Commissioners-AK Jyot and Om Prakash Rawat–cited various rules of the Representation of the People Act and the Constitution while rescinding its earlier order for holding poll to the Lok Sabha seat which fell vacant last July after Mehbooba Mufti quit the seat.
The by-election to the Anantnag seat will be held when the situation becomes conducive to a free, fair and peaceful election, the Election Commission order said.
The Jammu and Kashmir Government had informed the Commission that the election needed to be postponed since security agencies wanted to resume operations to counter militancy related activities, it said.
The Government had also said these operations would be necessary in the coming months to restore public order and enable elections to be held in a free and fair atmosphere after October this year, the EC pointed out.
The State election machinery also demanded that 687 companies (68,700 personnel) for holding free, fair and peaceful by-poll to Anantnag Lok Sabha seat.
The demand, which was put forward by the Election Commission, was turned down by the Union Home Ministry which informed the EC that it could spare only 250 companies (25,000 personnel) in addition to the 54 companies (54,000 personnel) that were already deployed in the valley.
The Commission also cited various reports from the State Government about terrorists “harassing” policemen and their families and generating an environment of “insecurity, fear and chaos”.
The State Government believed that the overall law and order situation in the Valley, particularly in South Kashmir, is not conducive to the holding of the by-poll, the EC order said.
The Commission examined all aspects of the bye-election and found that there had been no “marked improvement” in the law and order situation after April 10, when the EC deferred the by-election.
“On the contrary, these reports revealed a further and continuous deterioration in the situation and the incidents of stone pelting, violence and rioting have rather been on the increase,” the order, which also referred to loss of life, said.
“The apprehension expressed by the Chief Electoral Officer that there may be reluctance on the part of polling personnel to go to polling locations in view of the fear in their minds with regard to their safety and security is also a matter of concern,” the EC said.
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