Fayaz Bukhari
SRINAGAR, Oct 30: The High Court today granted three weeks time to Election Commission of India for reply in a plea for holding by-election for Anantnag Parliamentary constituency.
Justice M K Hanjura sought reply from Election Commission of India, Ministry of Home Affairs, Government of India as also from Chief Secretary of the State.
ECI counsel S A Makroo and Chief Secretary’s counsel sought three weeks time for filing of reply which the court granted. However, none was present on behalf of Ministry of Home Affairs and granted liberty for filing the reply to them also and directed the listing of matter on November 23 for further consideration.
The petition has been filed by one Ghulam Mohammad Wani of Pulwama seeking direction to the authorities to hold the by-election for the Anantnag Parliamentary seat as early as possible.
Wani, who was the candidate for the Parliamentary election for Anantnag seat for All J&K Kissan Mazdoor Party, had challanged the inaction of the respondents wherein the respondents have failed to conduct Parliamentary by-election for Anantnag as more than a 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 House of People. Respondents have failed to follow the procedure laid down by the law on the point, relevant section of the Representation of Peoples Act 1951”, petitioner Wani submitted.
It is further submitted in the petition that the by-election for the vacancy should have been conducted with the period of 6 months from the date of vacancy.
“House of People still has two more years as per its term and there has been no consultation with the Central Government regarding respondent (ECIs) on difficulty in holding by-election,” read the petition.
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.
“That the said action of the respondents looks directly into the basic tenets of constitution as it has the tendency of denying the huge number of population the right to participate in the democracy of the country.
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-election for Anantnag Parliamentary constituency.
Replying to the contention of writ petition Chief Electoral Officer, in his reply, submitted that ECI in exercise of its powers under Article 324 of Constitution rescinded by-election, due to law and order situation.
Commission had issued notification in the month of March for holding bye-election to fill a casual vacancy occurred in Lok Sabha from Anantnag due to resignation of Mehbooba Mufti.
Pertinently 6 candidates were in fray including Ghulam 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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