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SC Rejects Plea Challenging Delimitation in Jammu & Kashmir

A bench comprising Justices Sanjay Kishan Kaul and AS Oka said that it has not ruled upon the validity of the Jammu & Kashmir Re-organisation Act, 2019, which is pending before the Supreme Court.

According to Bar and Bench, the Supreme Court dismissed a plea Monday that contested the boundaries of the Jammu & Kashmir Assembly and parliamentary constituencies.

The Supreme Court is currently considering a number of petitions challenging the repeal of Article 370 of the Constitution. In dismissing the appeal submitted by two Kashmir residents, Abdul Gani Khan and Muhammad Ayub Matto, the bench made up of Justices Sanjay Kishan Kaul and AS Oka stated that it had not made a determination regarding the legality of the Jammu and Kashmir Re-organisation Act, 2019, which is currently pending before the court.

Delimitation is the process of redrawing an Assembly or Lok Sabha seat’s borders to reflect population changes over time. In May of last year, the Centre-created Delimitation Commission turned in its final report for the delimitation in Jammu and Kashmir, which makes recommendations for seven more constituencies, six for Jammu and one for Kashmir, bringing the total number of seats in the UT up from 83 to 90.

The Supreme Court’s ruling on a plea challenging the Commission’s constitution was reserved in December. The petitioners had stated that only the Election Commission was granted authority to carry out the delimitation process under the 2019 Act. The J&K Reorganisation Act of 2019 authorises the Delimitation Commission to accomplish that, according to the Centre.

In May of last year, the panel finished delineating the 90 assembly and five parliamentary districts in Jammu and Kashmir.

There are 114 seats in the new Jammu  Kashmir assembly. There will be voting for 90 seats, including 24 for Pakistan-occupied Kashmir (PoK), 43 for the Jammu area, and 47 for the Kashmir Valley. Refugees from PoJK (Pak-Ocand two migrant Kashmiris have been suggested for nomination to the legislature by the Delimitation Commission

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The government’s activity in delineating boundaries has drawn criticism from the opposition. Farooq Abdullah, the alliance’s chairman and the leader of the National Conference, claimed that the action will “further alienate” the residents.

Written by Ashish Ranjan

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